Federal Civil Procedure—Intervention—Article III Standing

Town of Chester v. Laroe Estates, Inc., No. 16-605

Federal Rule of Civil Procedure 24(a)(2) entitles an individual to intervene in pending litigation if that individual “claims an interest relating to the property or transaction that is the subject of the action” and cannot otherwise protect his interests.  Answering a question that it had left unresolved for more than 30 years, the Supreme Court today held that intervenors of right must demonstrate Article III standing when they seek additional relief beyond that which the plaintiff requests.  Because the Court could not determine, from the record in today’s case, whether the intervenor was seeking additional relief, the Court remanded the case for further proceedings.

The unanimous opinion was authored by Justice Alito.