United Nuclear Corp. v. Joseph E. Cannon, M.D., Etc., Conservation Law Found. of New England, Inc., 696 F.2d 141 (1st Cir. 1982). · Go Syfert
United Nuclear Corp. v. Joseph E. Cannon, M.D., Etc., Conservation Law Found. of New England, Inc., 696 F.2d 141 (1st Cir. 1982). Cases Citing This Book View Copy Cite
“threshold to both permissive intervention and intervention of right is timeliness.”
66 citation events (20 in the last 25 years) across 14 distinct courts.
Strongest positive: In re Sonus Networks, Inc. (mad, 2005-08-15)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 30 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) In re Sonus Networks, Inc.
D. Mass. · 2005 · quote attribution · 1 verbatim quote · confidence high
threshold to both permissive intervention and intervention of right is timeliness.
discussed Cited as authority (rule) People of The State of New York v. Trump
S.D.N.Y. · 2023 · confidence medium
In considering the timeliness of the intervention, the Court should consider the totality of the circumstances, NAACP v. New York, 413 U.S. 345, 366 (1973), including the length of time since the movant knew of its interest in the case, prejudice to the existing parties cause by any delay in intervening (but not delay caused by the intervention itself), prejudice to the proposed intervenor, and the existence of any unusual circumstances, United Nuclear Corp. v. Cannon, 696 F.2d 141, 143 (ist Cir. 1982).
discussed Cited as authority (rule) Verizon New England Inc. v. Neena S. Savage, in her capacity as Tax Administrator for the State of Rhode Island (2×) also: Cited "see"
R.I. · 2022 · confidence medium
“To overcome that presumption, [one seeking to intervene] ordinarily must demonstrate adversity of interest, collusion, or nonfeasance.” United Nuclear Corporation v. Cannon, 696 F.2d 141, 144 (1st Cir. 1982) (quoting Moosehead Sanitary District v. S.G.
discussed Cited as authority (rule) Puerto Rico Telephone Co. v. San Juan Cable, LLC (2×) also: Cited "see"
D.P.R. · 2014 · confidence medium
Greenblatt, 964 F.2d at 1230 ; see Caterino v. Barry, 922 F.2d 37, 40 (1st Cir.1990); United Nuclear Corp. v. Cannon, 696 F.2d 141, 143 (1st Cir.1982); NAACP v. New York, 413 U.S. 345, 365 , 93 S.Ct. 2591 , 37 L.Ed.2d 648 (1973).
discussed Cited as authority (rule) Utah v. Kennecott Corp.
D. Utah · 2005 · confidence medium
“A prospective Intervener that basically asserts the public interest faces a presumption that the state’s representation of the public interest will be adequate.” BASF-INMONT Corp., 819 F.Supp. at 606 (quoting United Nuclear Corp. v. Cannon, 696 F.2d 141, 144 (1st Cir.1982)).
examined Cited as authority (rule) Nextel Communications of the Mid-Atlantic, Inc. v. Town of Hanson (3×) also: Cited "see"
D. Mass. · 2004 · confidence medium
The First Circuit has adopted a three-factor test to assess adequacy of representation: (1) Are the interests of a present party in the suit sufficiently similar to that of the absentee such that the legal arguments of the latter will undoubtedly be made by the former; (2) is that present party capable and willing to make such arguments; and (3) if permitted to intervene, would the intervenor add some necessary element to the proceedings which would not be covered by the parties in the suit? *151 United Nuclear Corp. v. Cannon, 696 F.2d 141, 144 (1st Cir.1982) (quoting Blake v. Pallan, 554 F.2…
cited Cited as authority (rule) Ruthardt v. United States
D. Mass. · 2001 · confidence medium
United Nuclear Corp. v. Cannon, 696 F.2d 141, 144 (1st Cir.1982).
cited Cited as authority (rule) Warminster Investment Corp. v. Horizons Hotels Corp.
D.P.R. · 1999 · confidence medium
United Nuclear Corporation v. Cannon, 696 F.2d 141, 143 (1st Cir.1982) (discussing NAACP v. New York, 413 U.S. 345, 365-366 , 93 S.Ct. 2591, 2602 , 37 L.Ed.2d 648 (1973)).
discussed Cited as authority (rule) Tutein v. Daley (2×) also: Cited "see"
D. Mass. · 1999 · confidence medium
United Nuclear Corporation v. Cannon, 696 F.2d 141, 144 (1st Cir.1982); accord Moosehead Sanitary District v. S.G.
cited Cited as authority (rule) Massachusetts Food Ass'n v. Sullivan
D. Mass. · 1999 · confidence medium
United Nuclear Corp. v. Cannon, 696 F.2d 141, 145 (1st Cir.1982).
examined Cited as authority (rule) Public Service Co. of New Hampshire v. Patch (4×) also: Cited "see", Cited "see, e.g."
D.N.H. · 1997 · confidence medium
United Nuclear, 696 F.2d at 144 (adopting test set forth in Blake v. Pallan, 554 F.2d 947, 954-55 (9th Cir.1977)).
discussed Cited as authority (rule) Resolution Trust Corp. v. City of Boston
D. Mass. · 1993 · confidence medium
The court reasoned from the principle that “[t]he state is charged with representing the public interest, and one consequence is that a prospective intervenor that basically asserts the public interest faces a presumption that the state’s representation of the public interest will be adequate.” United Nuclear Corp., 696 F.2d at 144 (citations omitted).
discussed Cited as authority (rule) United States v. BASF-Inmont Corp. (2×)
E.D. Mich. · 1993 · confidence medium
It is not altogether clear exactly how the private interests of CU differs from the public interest, and “a prospective intervenor that basically asserts the public interest faces a presumption that the state’s representation of the public interest will be adequate.” United Nuclear Corp. v. Cannon, 696 F.2d 141, 144 (1st.
discussed Cited as authority (rule) Banco Popular De Puerto Rico v. David Greenblatt, the Official Secured Creditors' Committee of Amfesco Industries, Inc., Etc., Intervenor
1st Cir. · 1992 · confidence medium
See Caterino v. Barry, 922 F.2d 37, 40 (1st Cir.1990); United Nuclear Corp. v. Cannon, 696 F.2d 141, 143 (1st Cir.1982); see also NAACP v. New York, 413 U.S. 345, 365 , 93 S.Ct. 2591, 2602 , 37 L.Ed.2d 648 (1973).
discussed Cited as authority (rule) Ronald W. Caterino v. J. Leo Barry, Etc., Teamsters Local Union No. 122 Intervenors
1st Cir. · 1990 · confidence medium
The timeliness requirement “is of first importance,” United Nuclear Corp. v. Cannon, 696 F.2d 141, 143 (1st Cir.1982), and the trial court’s determination on that factor is entitled to substantial deference.
cited Cited as authority (rule) Smoot v. Mobil Oil Corp.
D. Mass. · 1989 · confidence medium
United Nuclear Corp. v. Cannon, 696 F.2d 141, 142-43 (1st Cir.1982).
discussed Cited as authority (rule) Fleming v. Bank of Boston Corp.
D. Mass. · 1989 · confidence medium
The Court of Appeals for the First Circuit has indicated that intervention is particularly inappropriate where a case has “reached the stage where the case could be decided on motions for summary judgment.” United Nuclear Corp. v. Cannon, 696 F.2d 141, 142 (1st Cir.1982).
discussed Cited as authority (rule) In Re Acushnet River & New Bedford Harbor: Proceedings Re Alleged PCB Pollution
D. Mass. · 1989 · confidence medium
For the same reason, this Court holds that the Federation satisfies even the heightened showing required by United Nuclear Corp. v. Cannon, 696 F.2d 141, 144 (1st Cir.1982) to show inadequacy of the government’s representation of the public interest. 8 .
cited Cited as authority (rule) Narragansett Indian Tribe v. Ribo, Inc., Appeal of Lloyd G. Wilcox and Lawrence E. Ollivierre
1st Cir. · 1989 · confidence medium
NAACP v. New York, 413 U.S. 345, 364-66 , 93 S.Ct. 2591, 2602-03 , 37 L.Ed.2d 648 (1973); United Nuclear Corp. v. Cannon, 696 F.2d 141, 143 (1st Cir.1982).
discussed Cited as authority (rule) United States of America v. Metropolitan District Commission, Appeal of Town of Hull, Intervenor, United States of America v. Metropolitan District Commission, Appeal of Nahant S.W.I.M., Incorporated, Intervenor, United States of America v. Metropolitan District Commission, Appeal of Towns of Cohasset and Scituate, Intervenors (2×) also: Cited "see, e.g."
1st Cir. · 1989 · confidence medium
See also Garrity v. Gallen, 697 F.2d 452, 455 (1st Cir.1983); United Nuclear Corp. v. Cannon, 696 F.2d 141, 143 (1st Cir.1982). 15 The district court carefully addressed each of these factors and concluded: (i) that "it had been obvious since the inception of the MWRA in 1985 that one solution to the disposal problem was the construction of an outfall somewhere in the Massachusetts Bay," United States v. Metropolitan District Commission, 679 F.Supp. at 1160 ; (ii) that "any attempt to relitigate decided issues would clearly prejudice the existing parties" and "[a]llowing intervention, even if …
discussed Cited as authority (rule) United States v. Metropolitan District Commission (2×) also: Cited "see, e.g."
1st Cir. · 1989 · confidence medium
See also Garrity v. Gallen, 697 F.2d 452, 455 (1st Cir.1983); United Nuclear Corp. v. Cannon, 696 F.2d 141, 143 (1st Cir.1982).
discussed Cited as authority (rule) City of Bloomington v. Westinghouse Electric Corp.
7th Cir. · 1987 · confidence medium
See also NAACP v. New York, 413 U.S. 345, 365-66 , 93 S.Ct. 2591, 2602-03 , 37 L.Ed.2d 648 (1973); Garrity v. Gallen, 697 F.2d 452, 455 (1st Cir.1983), United Nuclear Corporation v. Cannon, 696 F.2d 141, 143 (1st Cir.1982), Stallworth v. Monsanto Company, 558 F.2d 257, 263 (5th Cir.1977).
discussed Cited as authority (rule) The City of Bloomington, Indiana, the Utilities Service Board of Bloomington, Indiana, Monroe County, Indiana, and Indiana Public Interest Research Group (Inpirg), Proposed Intervening v. Westinghouse Electric Corp., Monsanto Company, United States of America, and the State of Indiana, the Environmental Management Board of the State of Indiana, Intervening and Indiana Public Interest Research Group (Inpirg), Proposed Intervening v. Westinghouse Electric Corp., and Third Party v. Monsanto Co., Third Party
3rd Cir. · 1987 · confidence medium
See also NAACP v. New York, 413 U.S. 345, 365-66 , 93 S.Ct. 2591, 2602-03 , 37 L.Ed.2d 648 (1973); Garrity v. Gallen, 697 F.2d 452, 455 (1st Cir.1983), United Nuclear Corporation v. Cannon, 696 F.2d 141, 143 (1st Cir.1982), Stallworth v. Monsanto Company, 558 F.2d 257, 263 (5th Cir.1977).
cited Cited as authority (rule) Fritts v. Niehouse
W.D. Mo. · 1984 · confidence medium
United Nuclear Corp. v. Cannon, 696 F.2d 141, 143 (1st Cir.1982).
cited Cited as authority (rule) Sanguine, Ltd. v. United States Department of the Interior
10th Cir. · 1984 · confidence medium
United Nuclear Corp. v. Cannon, 696 F.2d 141, 143 (1st Cir.1982); Stallworth v. Monsanto Co., 558 F.2d 257, 264-66 (5th Cir.1977).
cited Cited as authority (rule) Sanguine, Ltd. v. United States Department Of The Interior
10th Cir. · 1984 · confidence medium
United Nuclear Corp. v. Cannon, 696 F.2d 141, 143 (1st Cir.1982); Stallworth v. Monsanto Co., 558 F.2d 257, 264-66 (5th Cir.1977).
cited Cited "see" T-Mobile Northeast LLC v. The Town of Barnstable
1st Cir. · 2020 · signal: see · confidence high
See United Nuclear Corp. v. Cannon, 696 F.2d 141 , 144 2 For the first time on appeal, the appellants attempt to raise the specter of a poorly conceived legal strategy on the Town's part.
discussed Cited "see" R & G Mortgage Corp. v. Federal Home Loan Mortgage Corp.
1st Cir. · 2009 · signal: see · confidence high
See United Nuclear Corp. v. Cannon, 696 F.2d 141, 143 (1st Cir.1982); see also Heartwood, 316 F.3d at 701 (stating that attempted post-settlement intervention “strongly suggests” a tactical attempt to thwart the settlement rather than to participate in the litigation).
discussed Cited "see" B. Fernández & Hnos., Inc. v. Kellogg USA, Inc.
1st Cir. · 2006 · signal: see · confidence high
See United Nuclear Corp. v. Cannon, 696 F.2d 141, 144 (1st Cir.1982); Glancy v. Taubman Cts., Inc., 373 F.3d 656 , 675 (6th Cir.2004) (“Asymmetry in the intensity ... of interest can prevent a named party from representing the interests of the absentee.”).
discussed Cited "see" Public Service v. NH Consumer Advocate
1st Cir. · 1998 · signal: see · confidence high
Co., 922 F.2d 92 , 98 (2d Cir.1990); see generally United Nuclear Corp. v. Cannon, 696 F.2d 141,144 (1st Cir.1982) (discussing the factors that a federal court must consider in ■ the adequacy of interest inquiry).
Retrieving the full opinion text from the archive…
UNITED NUCLEAR CORPORATION, Plaintiff, Appellee,
v.
Joseph E. CANNON, M.D., Etc., Defendant, Appellee. Conservation Law Foundation of New England, Inc., Appellant
82-1504.
Court of Appeals for the First Circuit.
Dec 30, 1982.
696 F.2d 141
Steven D. Stark, Atlanta, Ga., for appellant., Patricia A.S. Zesk, Providence, R.I., with whom Deming E. Sherman, and Edwards & Angelí, Providence, R.I., were on brief, for United Nuclear Corp.
Bownes, Brown, Coffin.
Cited by 34 opinions  |  Published
BAILEY BROWN, Senior Circuit Judge.

The appellant Conservation Law Foundation of New England, Inc. (CLF) appeals the district court’s denial of its motion to intervene of right under Fed.R.Civ.P. 24(a)(2). CLF, an environmental interest group, sought to intervene on the side of the state in an action brought by the United Nuclear Corporation challenging the constitutionality of a Rhode Island statute.

I

United Nuclear operated a nuclear fuel processing plant at Wood River Junction, Rhode Island. In August 1980, the corporation ceased this operation and began the decommission and decontamination of the facility. Because the plant was licensed by the Nuclear Regulatory Commission (NRC), its decontamination is subject to NRC regulations and, under its license, it must pay for any decontamination required by the regulations.

In May 1981, while decontamination was in progress, Rhode Island enacted a statute requiring United Nuclear to post a $10 million bond for twenty years. This bond was to defray any costs the state might incur for decontamination at the site. A month after enactment of the statute, however, a staff attorney in the Rhode Island Attorney General’s office wrote an internal memorandum concluding that the statute was unconstitutional. The state Attorney General has subsequently announced that he will enforce the statute, and he denies that the internal memorandum constitutes an official opinion of the Attorney General.

On August 14,1981, United Nuclear commenced this action challenging the constitutionality of the statute primarily under the Supremacy Clause, U.S. Const, art. 6, cl. 2, contending that the Atomic Energy Act of 1954, 42 U.S.C. §§ 2011-2282 (1976), preempts state regulation. United Nuclear and the state began settlement negotiations, but the parties reached an impasse in early 1982. A pretrial conference was held on March 17, 1982, during which the two parties and the court agreed that, due to prior informal discovery, the case could be decided on a motion for summary judgment. The same day counsel for CLF informed the parties that it would move to intervene. On April 9, 1982, seven and a half months after the commencement of the case, CLF moved to intervene under Rule 24. The district court denied the motion. CLF appeals the denial only as to intervention of right under Rule 24(a)(2).

The parties filed cross-motions for summary judgment on June 11, 1982.

To intervene of right under Rule 24(a)(2), the prospective intervenor must establish four conditions: (1) the motion was timely, (2) it has the requisite interest relating to the property or transaction which is[*143] the subject of the action, (3) the action may as a practical matter impair or impede its ability to protect that interest and (4) its interest is not adequately represented by existing parties. Moosehead Sanitary District v. S.G. Phillips Corp., 610 F.2d 49, 52 (1st Cir.1979). Because CLF fails to establish that its motion was timely and that the state’s representation is inadequate, it is unnecessary to address the other two conditions.

II

The Supreme Court has emphasized that the timeliness requirement is of first importance and that denial of a motion to intervene must be upheld unless the district court abused its discretion. NAACP v. New York, 413 U.S. 345, 365-366, 93 S.Ct. 2591, 2602, 37 L.Ed.2d 648 (1973). This court has given additional substance to this requirement, holding that four factors determine timeliness: (1) the length of time the prospective intervenor knew or reasonably should have known of its interest before it petitioned to intervene, (2) the prejudice to existing parties due to the failure to petition for intervention promptly, (3) the prejudice the prospective intervenor would suffer if not allowed to intervene, and (4) the existence of any unusual circumstances militating either for or against intervention. Culbreath v. Dukakis, 630 F.2d 15, 20-25 (1st Cir.1980).

The first factor points against intervention. CLF concedes that it knew of the suit shortly after it was filed, and the publicity surrounding the case precludes any other conclusion. However, knowledge of a suit is not necessarily knowledge that one’s interest is implicated. Culbreath, supra at 21; Stallworth v. Monsanto Co., 558 F.2d 257, 264 (5th Cir.1977). CLF contends that it waited seven and a half months because it became aware of its interest only after settlement negotiations reached an impasse in January 1982. This argument is unconvincing. It is far from clear why CLF would believe its interests were adequately represented by the state prior to and in the settlement negotiations but not after these negotiations collapsed. At any rate, CLF was surely aware that settlement negotiations often collapse. As in Culbreath, the existence of the interest was obvious from the time the suit was filed. 630 F.2d at 21. Moreover, although seven and a half months is not inordinately long (Culbreath involved a delay of four years), the Supreme Court in NAACP v. New York, supra, upheld a holding of untimeliness where four months had elapsed.

The second factor, the prejudice to the existing parties as a result of the delay, particularly supports a conclusion of untimeliness. By the time of the pretrial conference the parties had reached the stage where the case could be decided on motions for summary judgment. CLF’s belated motion to intervene, if granted, could cause substantial delay. CLF might well seek to reopen negotiations and discuss areas already covered by the parties or seek further discovery. CLF might even seek to prevent the case from going to summary judgment. While none of these problems would necessarily have been obviated by a prompt intervention, the delay may result in the “disruption of painstaking work by the parties and the court.” Culbreath, 630 F.2d at 22. It is also noteworthy that the motion to intervene in NAACP v. New York was made when the case was at the summary judgment stage. The prejudice to the existing parties, which factor Culbreath described as “the purpose of the basic requirement that the application to intervene be timely,” 630 F.2d at 22, is substantial in the present case. [1]

The third factor also militates against intervention. CLF is not likely to suffer any prejudice at all if not allowed to intervene because, as will be discussed infra, the state adequately represents CLF’s alleged interests.

The fourth timeliness factor adds nothing to the analysis, as there are no apparent[*144] unusual circumstances militating either for or against intervention in this case.

The four-factor analysis in this case indicates that the motion to intervene was untimely, and certainly the district court did not abuse its informed discretion in its ruling.

Ill

The prospective intervenor must also demonstrate that the existing parties do not adequately represent its interests. CLF has two arguments that this condition is satisfied: (1) the internal memorandum of the Attorney General’s office raises doubts about the state’s commitment to defending the statute, and (2) CLF has a more specialized interest in environmental affairs than the general public interest represented by the state.

The prospective intervenor faces a presumption of adequacy when it has the same ultimate goal as a party. In Moose-head Sanitary District this court held:

Where the party seeking to intervene has the same ultimate goal as a party already in the suit, courts have applied a presumption of adequate representation. To overcome that presumption, petitioner ordinarily must demonstrate adversity of interest, collusion, or nonfeasance.

610 F.2d at 54 (citations omitted). In this case, although CLF may have a more specialized interest, the state and CLF have the same ultimate goal of upholding and defending the constitutional validity of the Rhode Island statute. The practical litigation posture of CLF would be identical to that of the state. In this connection, in Blake v. Pallan, 554 F.2d 947 (9th Cir.1977), the Ninth Circuit delineated three factors on adequacy of representation:

(1) Are the interests of a present party in the suit sufficiently similar to that of the absentee such that the legal arguments of the latter will undoubtedly be made by the former; (2) is that present party capable and willing to make such arguments; and (3) if permitted to intervene, would the intervenor add some necessary element to the proceedings which would not be covered by the parties in the suit?

Id. at 954 — 955. In the present case, each of these three factors indicates that the representation is adequate.

Moreover, it is significant that CLF seeks to intervene on the side of the state. The state is charged with representing the public interest, and one consequence is that a prospective intervenor that basically asserts the public interest faces a presumption that the state’s representation of the public interest will be adequate. Pennsylvania v. Rizzo, 530 F.2d 501, 505 (3d Cir.), cert. denied, 426 U.S. 921, 96 S.Ct. 2628, 49 L.Ed.2d 375 (1976); 7A C. Wright & A. Miller, Federal Practice and Procedure § 1909, at 525-529 (1972). This principle applies in this case because CLF asserts essentially the public interest, rather than a personal interest. Cf. National Farm Lines v. I.C.C., 564 F.2d 381, 383 (10th Cir.1977) (government representation often inadequate to protect the interests of “private proprietors”).

CLF clearly fails to overcome this burden. CLF has the same argument as does the state: the statute is constitutional because the Atomic Energy Act of 1954 does not preempt the field. The Attorney General has made it clear that he intends to vigorously defend the statute. Indeed, this intention appears to be the reason that the settlement negotiations failed. All that CLF can point to is the internal memorandum concluding that the statute is unconstitutional. But the Attorney General has disavowed that view, at least for litigation purposes, and CLF does not contend that the Attorney General is in any way bound by that internal memorandum. The Attorney General, in short, appears ready, willing, and able to vigorously defend the constitutionality of the statute.

IV

In summary, we conclude that the denial of CLF’s motion to intervene as untimely did not constitute an abuse of discretion and that the state adequately represents CLF’s interests. The district court’s[*145] denial of the motion to intervene is, accordingly, Affirmed.

1

. United Nuclear also pointed out that it was ready to move its equipment from the site and a delay in the decision of this case would entail additional expense.