A motion to intervene as of right is timely if the applicant demonstrates a legitimate interest and the existing parties fail to show that the delay causes material prejudice.
The State of Idaho sought to intervene in a long-standing dispute over the regulation of Columbia River fishing and treaty rights, but the district court denied the motion as untimely. The question presented is whether the application was timely under Federal Rule of Civil Procedure 24(a)(2). The court applies a three-factor test focusing on the stage of the proceeding, prejudice to existing parties, and the reason for delay. Because the litigation was entering a new phase of renegotiation and the existing parties failed to demonstrate that Idaho's late entry would cause material prejudice, the court holds that the timeliness requirement was satisfied. The court further finds that Idaho's interests are not adequately represented by amicus participation. The court reverses the denial and remands for the district court to grant intervention.
At page 552 Analyzing timeliness of intervention under rule 24(a)(2)52 citing cases“the most important consideration in deciding whether a motion for intervention is untimely.”
- Simon, No. 2:24-cv-01648 (D. Nev. Dec. 30, 2025).United States v. Oregon, 16 745 F.2d 550, 552 (9th Cir. 1984).
- Jeffrey Powers v. Denis Richard McDonough, No. 2:22-cv-08357 (C.D. Cal. Oct. 23, 2024).United States v. Oregon, 745 F.2d 550, 552 (9th Cir. 1984).
- Anoke v. Twitter, Inc., No. 3:23-cv-02217 (N.D. Cal. Aug. 20, 2024). Id. at 14. 11 Courts analyze the same three factors for timeliness for both mandatory and permissive 12 intervention: “(1) the stage of the proceeding; (2) the prejudice to other parties; and (3) the reason 13 for and length of the delay.”…
- Eeoc v. Activision Blizzard, Inc., No. 22-55515 (9th Cir. Dec. 27, 2023).unpublishedUnited States v. Oregon, 745 F.2d 550, 552 (9th Cir. 1984) (internal quotation marks and citation omitted).
- Twitch Interactive, Inc. v. Fishwoodco GmbH, No. 5:22-cv-03218 (N.D. Cal. Nov. 9, 2023).In evaluating timeliness, the “crucial date for assessing the timeliness of a 6 motion to intervene is when proposed intervenors should have been aware that their interests 7 would not be adequately protected by the existing parties.” Id.…
- Lockman v. Pioneer Nat. Resources USA, No. 4:20-cv-00067 (D. Mont. Oct. 13, 2023).Dist., 830 F.3d at 854 (quoting United States v. State of Oregon, 745 F.2d 550, 552 (9th Cir. 1984) (internal quotation marks omitted)).
- Chandler v. California Dep't of Corr. & Rehabilitiation, No. 1:21-cv-01657 (E.D. Cal. Aug. 21, 2023).The “[m]ere lapse of time alone is not 4 determinative.” United States v. Oregon, 745 F.2d 550, 552 (9th Cir. 1984). “[T]he timeliness 5 requirement for intervention as of right should be treated more leniently than for permissive 6 interv…
- Forest Serv. Employees for Env't Ethics v. United States Forest Serv., No. 9:22-cv-00168 (D. Mont. Mar. 30, 2023).Id. at 1308 (citing United States v. Oregon, 745 F.2d 550, 552 (9th Cir. 1984)).
- Est. of Maurice Monk v. Cnty., No. 3:22-cv-04037 (N.D. Cal. Feb. 1, 2023).United States v. State of Oregon, 745 F.2d 550, 552 (9th Cir. 1984).
- Fed. Trade Comm'n v. Triangle Media Corp., No. 3:18-cv-01388 (S.D. Cal. Sept. 30, 2022).Citizens v. Wilson, 131 F.3d 1297 , 1308 (9th Cir. 1997) (citing United 22 States v. Oregon, 745 F.2d 550, 552 (9th Cir.1984)) (“In the context of permissive 23 intervention, however, we analyze the timeliness element more strictly than we…
Show 39 more citing cases
- No Casino In Plymouth v. Nat'l Indian Gaming Comm'n, No. 2:18-cv-01398, 2022 WL 1489498 (E.D. Cal. May 11, 2022).(motion to intervene due to a 5 change in circumstances was timely even when sought fourteen years after the action was 6 initiated)
- United States v. Captial Region Water, No. 1:15-cv-00291 (M.D. Pa. Dec. 17, 2021).(holding state could intervene six years after long-term settlement plan was reached because “possibility of new and expanded negotiations” constituted “new stage” of litigation (collecting cases))
- Found. Auto Holdings, LLC v. Weber Motors, Fresno, Inc., No. 1:21-cv-00970 (E.D. Cal. Dec. 8, 2021).Citizens v. 26 Wilson (LULAC), 131 F.3d 1297 , 1303 (9th Cir. 1997) (“We believe that the fact that the district 27 court has substantively - and substantially - engaged the issues in this case weighs heavily 1 “[P]rejudice to existing par…
- In re Cloudera, Inc. Sec. Litig., No. 3:19-cv-03221 (N.D. Cal. Apr. 2, 2021).“Prejudice to the existing parties is the most important 27 consideration in deciding whether a motion to intervene is timely.” Brooks, 2015 WL 13390031 , 1 at *3 (citing United States v. Oregon, 745 F.2d 550, 552 (9th Cir. 1984). 2 Moreov…
- Scholl v. Mnuchin, No. 4:20-cv-05309 (N.D. Cal. Jan. 11, 2021).“Prejudice to existing parties is 20 ‘the most important consideration in deciding whether a motion for intervention is 21 untimely.’” Id. at 857 (quoting United States v. Oregon, 745 F.2d 550, 552 (9th Cir. 22 1984)). “[T]he only ‘prejudi…
- Pac. Coast Fed'n of Fishermen's Assoc v. Glaser, No. 2:11-cv-02980 (E.D. Cal. Oct. 13, 2020). In short, “the litigation is entering a new stage,” State of 11 Oregon, 745 F.2d 550, 552 (9th Cir. 1984), and GWD did not delay once the Ninth Circuit issued 12 its opinion and the case was remanded, triggering that new stage. 13 2.
- Friends of Del Norte v. California Dep't of Transp., No. 3:18-cv-00129 (N.D. Cal. July 29, 2020).Altered “negotiations” can 19 constitute a “changed circumstance.” United States v. Oregon, 745 F.2d 550, 552 (9th Cir. 1984). 20 And given the limited nature of the intervention granted, plaintiffs’ concerns that DNLTC will 21 present new…
- Klamath-Siskiyou Wildlands Ctr. v. United States Bureau of Land Mgmt., No. 1:19-cv-02069 (D. Or. Mar. 4, 2020).Dano 9 MWOTRTTOVAT ARTY MRHCYD A. Timeliness In assessing timeliness, the Court weighs three factors: ‘(1) the stage of the proceeding at which an applicant seeks to intervene; (2) the prejudice to other parties; and (3) the reason for and…
- Klamath-Siskiyou Wildlands Ctr. v. United States Bureau of Land Mgmt., No. 1:19-cv-01810 (D. Or. Dec. 11, 2019).A. Timeliness In assessing timeliness, the Court weighs three factors: “(1) the stage of the proceeding at which an applicant seeks to intervene; (2) the prejudice to other parties; and (3) the reason for Dana 7 _ CIDTNIIMNT ARTTD ORYRE an…
- Klamath Irrigation Dist. v. US Bureau of Reclamation, 489 F. Supp. 3d 1168 (D. Or. 2019).publishedA. Timeliness Pace 2? — OPINION AND ORDER In assessing timeliness, the Court weighs three factors: “(1) the stage of the proceeding at which an applicant seeks to intervene; (2) the prejudice to other parties; and (3) the reason for and le…
- Day v. Longvue Mortg. Capital Inc., No. 2:17-cv-01596 (D. Nev. Sept. 18, 2019).In assessing timeliness under Rule 24(b)(2), the court considers “(1) the 4 stage of the proceeding; (2) the prejudice to existing parties; and (3) the reason for and length of the 5 delay.” United States v. Oregon, 745 F.2d 550, 552 (9th…
- Smith v. Los Angeles Unified Sch. Dist., 830 F.3d 843 (9th Cir. 2016).published However, in analyzing the “stage of the proceedings” factor, the “[m]ere lapse of time alone is not determinative.” United States v. State of Oregon, 745 F.2d 550, 552 (9th Cir. 1984).
- Chanda Smith v. Lausd, No. 14-55224 (9th Cir. July 27, 2016).published However, in analyzing the “stage of the proceedings” factor, the “[m]ere lapse of time alone is not determinative.” United States v. State of Oregon, 745 F.2d 550, 552 (9th Cir. 1984).
- Chanda Smith v. Lausd, No. 14-55224 (9th Cir. May 20, 2016).published However, in analyzing the “stage of the proceedings” factor, the “[m]ere lapse of time alone is not determinative.” United States v. State of Oregon, 745 F.2d 550, 552 (9th Cir. 1984).
- West Coast Seafood Processors Ass'n v. Nat. Resources Def. Council, Inc., 643 F.3d 701 (9th Cir. 2011).published But the mere lapse of time, without more, is not necessarily a bar to intervention; "changed circumstance" may "suggest[] that the litigation is entering a new stage" and, therefore, "militate in favor of granting the application." United…
- Nikon Corp. v. ASM Lithography B.V., 222 F.R.D. 647 (N.D. Cal. 2004).published (holding that the district court did not abuse its discretion by finding prejudice when intervention was sought after settlement involving a delicate compromise following four years of negotiation with certain points sti…)
- United States v. Alisal Water Corp., 370 F.3d 915 (9th Cir. 2004).publishedUnited States v. Oregon, 745 F.2d 550, 552 (9th Cir.1984); see also NAACP v. New York, 413 U.S. 345, 365 , 93 S.Ct. 2591 , 37 L.Ed.2d 648 (1973); Forest Conservation Council v. United States Forest Serv., 66 F.3d 1489 , 1493 (9th Cir.1995).
- United States v. Alisal Water Corp. Toro Water Serv. Inc. Robert T. Adcock Patricia Adcock North Monterey Cnty. Water Serv., Inc. Mosslanding Water Serv., Inc. Natholyn Adcock Bruce Pierson, as Tr. of the T & P Mgmt. Trust, the Patro Real Trust, the Dkw Prop. Trust, the Real Land Trust, the Nine Unit Trust, the Alameda Asset Trust, the Awc Holdings Trust, the Awc II Holdings Trust, the Awc III Holdings Trust, the Tws Holdings Trust, the Aws Holdings Trust David M. Simcho, as Tr. of the T & P Mgmt. Trust, the Patro Real Trust, the Dkw Prop. Trust, the Real Land Trust, the Williams 249 Trust, the Nine Unit Trust, the Alameda Asset Trust, the Awc Holdings Trust, the Awc II Holdings Trust, the Awc III Holdings Trust, the Tws Holdings Trust, the Aws Holdings Trust v. Silverwood Estates Dev. Ltd. P'ship, Plaintiff-Intervenor-Appellant, 370 F.3d 915 (9th Cir. 2004).publishedUnited States v. Oregon, 745 F.2d 550, 552 (9th Cir.1984); see also NAACP v. New York, 413 U.S. 345, 365 , 93 S.Ct. 2591 , 37 L.Ed.2d 648 (1973); Forest Conservation Council v. United States Forest Serv., 66 F.3d 1489 , 1493 (9th Cir.1995).
- Rodriguez Sarmiento v. Rodriguez Sarmiento, 100 F. App'x 645 (9th Cir. 2004).unpublishedUnited States v. Oregon, 745 F.2d 550, 552 (9th Cir.1984).
- United States v. Blaine Cnty., 37 F. App'x 276 (9th Cir. 2002).unpublished Id. (citing United States v. Oregon, 745 F.2d 550, 552 (9th Cir.1984)).
- Columbia Gorge Audubon Soc'y v. Klickitat Cnty., 989 P.2d 1260 (Wash. Ct. App. 1999).published(mere lapse of time is not determinative of timeliness)
- Cassan Enter., Inc. v. Dollar Sys., Inc., 131 F.3d 145 (9th Cir. 1997).unpublishedUnited States v. Oregon, 745 F.2d 550, 552 (9th Cir.1984). because there were several motions already pending, the court did not abuse its discretion by entertaining this motion.
- MGM Grand Hotel, Inc. v. Smith-Hemion Prods., Inc., 158 F.R.D. 677 (D. Nev. 1994).publishedCounty of Orange v. Air California, 799 F.2d 535, 537 (9th Cir.1986), cert. denied, 480 U.S. 946 , 107 S.Ct. 1605 , 94 L.Ed.2d 791 (1987) (citing United States v. Oregon, 745 F.2d 550, 552 (9th Cir.1984)).
- Silver v. Babbitt, 166 F.R.D. 418 (D. Ariz. 1994).publishedUnited States v. Oregon, 745 F.2d 550, 552 (9th Cir.1984).
- United States ex rel. McGough v. Covington Tech. Co., 967 F.2d 1391 (9th Cir. 1992).published Air California, 799 F.2d at 537 (citing United States v. Oregon, 745 F.2d 550, 552 (9th Cir.1984)). a.
- Yolanda Garza Salvador Ledezma Raymond Palacios Monica Tovar, Guadalupe De La Garza v. Cnty. of Los Angeles, Bd. of Supervisors, Los Angeles Cnty. Deane Dana Peter F. Schabarum Kenneth F. Hahn, United States of Am., & Lawrence K. Irvin Sarah Flores, Intervenors-Appellees v. Cnty. of Los Angeles, Bd. of Supervisors, Los Angeles Cnty. Deane Dana Peter F. Schabarum Kenneth F. Hahn, 918 F.2d 763 (9th Cir. 1991).published United States v. Oregon, 745 F.2d 550, 552 (9th Cir.1984). 59 Where a would-be intervenor does not demonstrate interests sufficiently weighty to warrant intervention as of right, the court may nevertheless consider eligibility for permissi…
- Garza v. Cnty. of Los Angeles, 918 F.2d 763 (9th Cir. 1990).published United States v. Oregon, 745 F.2d 550, 552 (9th Cir.1984).
- Kreidler v. Eikenberry, 766 P.2d 438 (Wash. 1989).published United States v. Oregon, 745 F.2d 550, 552 (9th Cir.1984).
- United States v. State of Or., 699 F. Supp. 1456 (D. Or. 1988).publishedUnited States v. Oregon, 745 F.2d 550, 552 (9th Cir.1984).
- United States v. Oregon, 122 F.R.D. 571 (D. Or. 1988).published United States v. Oregon, 745 F.2d 550, 552 (9th Cir.1984).
- United States v. Oregon, 699 F. Supp. 1456 (D. Or. 1988).publishedUnited States v. Oregon, 745 F.2d 550, 552 (9th Cir.1984).
- United States v. Metro. Dist. Comm'n, 679 F. Supp. 1154 (D. Mass. 1988).published (inter-venors as of right should be treated more leniently because of “the likelihood of more serious harm” than in cases of permissive intervention)
- Cnty. of Orange v. Air California, 799 F.2d 535 (9th Cir. 1986).published United States v. State of Oregon, 745 F.2d 550, 552 (9th Cir.1984).
- United States v. $129,374 in United States Currency, 769 F.2d 583 (9th Cir. 1985).published
- League of United Latin Am. Citizens v. Wilson, 131 F.3d 1297 (9th Cir. 1997).published
- Bresgal v. Brock, 637 F. Supp. 271 (D. Or. 1985).published
- W. Watersheds Proj. v. Zinke, No. 1:18-cv-00187 (D. Idaho July 24, 2020).
- W. Watersheds Proj. v. Zinke, No. 1:18-cv-00187 (D. Idaho Aug. 17, 2020).
- Montana Wildlife Fed'n v. Bernhardt, No. 4:18-cv-00069 (D. Mont. Aug. 18, 2020).
At page 553 Assessing prejudice from delay in intervention11 citing casesfocusing on whether the existing parties’ concerns about intervention were caused by the delay
- Orion Wine Imports, LLC v. Appelsmith, No. 2:18-cv-01721 (E.D. Cal. Feb. 21, 2020).Or. 2019) (citing United States v. Oregon, 2 745 F.2d 550, 553 (9th Cir. 1984)).
- Scott Teutscher v. William Woodson, No. 16-56830 (9th Cir. May 23, 2018).unpublished(focusing on whether the existing parties’ concerns about intervention were caused by the delay)
- Chanda Smith v. Lausd, No. 14-55224 (9th Cir. July 27, 2016).published However, in analyzing the “stage of the proceedings” factor, the “[m]ere lapse of time alone is not determinative.” United States v. State of Oregon, 745 F.2d 550, 552 (9th Cir. 1984).
- Chanda Smith v. Lausd, No. 14-55224 (9th Cir. May 20, 2016).published However, in analyzing the “stage of the proceedings” factor, the “[m]ere lapse of time alone is not determinative.” United States v. State of Oregon, 745 F.2d 550, 552 (9th Cir. 1984).
- Miami Tribe of Oklahoma v. Walden, 206 F.R.D. 238 (S.D. Ill. 2001).published(noting that state’s claim of interest in regulating fishing satisfied requirements of Rule 24(a)(2))
- Scotts Valley Band of Pomo Indians of the Sugar Bowl Rancheria v. United States, 921 F.2d 924 (9th Cir. 1990).published See Oregon, 839 F.2d at 637 (residents of state mental institution had sufficient interest in litigation brought by the federal government against the State of Oregon alleging a failure by the State to provide minimally adequate facilities…
- Arkansas Elec. Energy Consumers & Reynolds Metals Co. v. Middle South Energy, Inc., 772 F.2d 401 (8th Cir. 1985).published
- United States v. State Of Oregon, 913 F.2d 576 (9th Cir. 1990).published
- State ex rel. Napolitano v. Brown & Williamson Tobacco Corp., 998 P.2d 1055 (Ariz. 2000).published
- United States v. Oregon, 913 F.2d 576 (9th Cir. 1990).published
v.
STATE OF OREGON, and State of Washington, Defendant-Intervenor, State of Idaho, Applicant for Intervention-Appellant
The State of Idaho appeals from the denial of its petition to intervene as of right in litigation concerning the extent to which the States of Oregon and Washington may regulate fishing in the Columbia River and its tributaries consistent with the treaty rights of several Indian Tribes. Idaho seeks to participate in negotiations for a modified management plan which could have significant impact upon Idaho’s fish resources in the upper tributaries of the Columbia River located in Idaho.
Because the district court based its denial upon the conclusion that the application was untimely, some understanding of the history of this litigation is necessary. This action began in 1968 when the United States and members of the Confederated Tribes and Bands of the Yakima Indian Nation filed separate suits against the State of Oregon to define the Indians’ treaty right to take fish “at all usual and accustomed places,” on the Columbia River and its tributaries. They sought a determination of the extent to which Oregon can regulate fishing after Puyallup Tribe v. Department of Game, 391 U.S. 392, 88 S.Ct. 1725, 20 L.Ed.2d 689 (1968). Four Indian Tribes, including the Yakimas, intervened in the United States’ suit as plaintiffs, and the district court consolidated the two actions. Between 1969 and 1976, the tribes invoked the district court’s jurisdiction several times, and the court repeatedly encouraged the adoption of a comprehensive plan. In 1974 the State of Washington was permitted to intervene, and in 1977 all parties to the litigation signed, and the district court approved, “A Plan for Managing Fisheries on Stocks Originating from the Columbia River and its Tributaries above Bonneville Dam” (Plan). The Plan had a term of five years.
[*552] The phase of the litigation that concerns us began in 1982 when two of the Tribes gave notice of their intent to withdraw from the Plan or to renegotiate it. On September 1, 1983, the district court found that changed circumstances of law and fact made the Plan subject to revision or modification and ordered the parties to attempt to agree upon a revised or modified agreement for allocation and management of Columbia River anadromous fish.
During the week before the district court entered that order, the State of Idaho filed this motion to intervene. The district court denied the motion on the ground that it was not timely. The court recognized that Idaho had an interest in the litigation, but stated that the interest would “be protected adequately at this time by allowing Idaho to participate as amicus curiae.”
Under Rule 24(a)(2) of the Federal Rules of Civil Procedure, an applicant with an interest iii the subject of the action whose ability to protect that interest may be impaired by the disposition of the action, and whose interest is not adequately represented by other parties, shall be permitted to intervene “upon timely application.” [1] We review the district court’s determination of untimeliness for abuse of discretion, NAACP v. New York, 413 U.S. 345, 366, 93 S.Ct. 2591, 2603, 37 L.Ed.2d 648 (1973), bearing in mind that the timeliness requirement for intervention as of right should be treated more leniently than for permissive intervention because of the likelihood of more serious harm. Alaniz v. Tillie Lewis Foods, 572 F.2d 657, 659 (9th Cir.), cert, denied, 439 U.S. 837, 99 S.Ct. 123, 58 L.Ed.2d 134 (1978); see also Westlands Water Dist. v. United States, 700 F.2d 561, 563 (9th Cir.1983) (factors of Rule 24(a) should be construed favorably to interve-nor); 7A C. Wright & A. Miller, Federal Practice and Procedure § 1916 (1972).
In determining timeliness, this court has stated that it looks to three factors: (1) the stage of the proceeding; (2) the prejudice to other parties; and (3) the reason for and length of the delay. Petrol Stops Northwest v. Continental Oil Co., 647 F.2d 1005, 1009 (9th Cir.), cert, denied, 454 U.S. 1098, 102 S.Ct. 672, 70 L.Ed.2d 639 (1981); Alaniz, 572 F.2d at 659. Mere lapse of time alone is not determinative. C. Wright & A. Miller, supra, § 1916, at 574. Idaho gives changed circumstance — the possibility of new and expanded negotiations — as a major reason for its attempted intervention at this time. This change of circumstance, which suggests that the litigation is entering a new stage, indicates that the stage of the proceeding and reason for delay are factors which militate in favor of granting the application. Hodgson v. United Mine Workers of America, 473 F.2d 118 (D.C.Cir.1972) (request to intervene as of right after the trial stage allowed where applicants sought to participate in the remedial and appellate phases of the case and agreed not to reopen matters previously litigated); Natural Resources Defense Council v. Costle, 561 F.2d 904, 906-07 (D.C.Cir.1977) (in assessing timeliness, the district court should consider the reason intervention is sought and court abused its discretion in denying application where applicants sought to participate in settlement agreement’s application); Janusziewicz v. Sun Shipbuilding & Dry Dock Co., 677 F.2d 286, 293 (3d Cir.1982) (intervention should have been granted where applicant sought to participate in a new phase of litigation).
The question of timeliness here thus turns upon the issue of prejudice to the existing parties, which has been termed “the most important consideration in deciding whether a motion for intervention is untimely.” C. Wright & A. Miller, supra, § 1916, at 575. It is significant that the[*553] district court made no finding of prejudice. The existing parties suggest that Idaho’s presence could create difficulties in the future if it were to assert claims against the Tribes beyond those to which the Tribes have consented, or if Idaho asserts a claim against the other states over which the district court lacks jurisdiction. Idaho has disclaimed any intent to relitigate matters which have previously been litigated, to raise any claims unrelated to the Tribes’ treaty fishing rights, or to assert any claims against the other states. Res judi-cata principles would not preclude litigation in another forum of claims which the district court lacks jurisdiction to resolve. Restatement (Second) of Judgments §§ 1, 11 comment a, 27 comment k (1982).
The key point in this appeal, however, is that the existing parties’ concerns have little to do with timeliness. They do not suggest that their problems are materially different now than they would have been had Idaho sought to intervene a decade or more ago. We find no basis in the record for holding that the intervention would prejudice the existing parties because of the passage of time. We therefore conclude that Idaho’s application should not have been denied as untimely.
The remaining requirements for intervention as of right are met. There is no serious dispute that Idaho has interests which may be affected by the disposition of this litigation. Those interests are not being represented by the other parties to the litigation. The appellees argue that Idaho’s interests can be adequately represented by its participation in the negotiations in an amicus capacity rather than as a party, but their argument ignores obvious distinctions between parties and amici. Washoe Tribe of Nevada and California v. Greenley, 674 F.2d 816, 818 (9th Cir.1982); SEC v. Lincoln Thrift Ass’n, 577 F.2d 600, 602 (9th Cir.1978); Spangler v. Pasadena City Bd. of Educ., 552 F.2d 1326, 1329 (9th Cir.1977); 3B J. Moore & J. Kennedy, Moore’s Federal Practice, ¶¶ 24.02, at 24-15-16, 24.15, at 24-170 (1982). When granted intervention, Idaho will be able to insure its participation in the negotiations and discussions of a modified plan on the same basis as other participants. As a party to the action, it will be able to invoke the district court’s jurisdiction to secure adherence to orders of the district court. Given Idaho’s legitimate interest in the an-adromous fish runs which are the subject of this litigation and the absence of other parties protecting that interest, intervention should have been granted.
Reversed and remanded.
Rule 24(a)(2) provides:
(a) Intervention of Right. Upon timely application anyone shall be permitted to intervene in an action: ... (2) when the applicant claims an interest relating to the property or transaction which is the subject of the action and he is so situated that the disposition of the action may as a practical matter impair or impede his ability to protect that interest, unless the applicant’s interest is adequately represented by existing parties.