NATURAL RESOURCES DEFENSE COUNCIL, INC. ET AL VS. DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY ET AL

SF Superior Court - Law & Motion / Discovery Dept 301 - CPF26519769 - August 20, 2026 Hearing date: August 20, 2026 Case number: CPF26519769 Case title: NATURAL RESOURCES DEFENSE COUNCIL, INC. ET AL VS. DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY ET AL Case Number: | | CPF26519769 | Case Title: | | NATURAL RESOURCES DEFENSE COUNCIL, INC. ET AL VS. DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY ET AL | Court Date: | | 2026-08-20 09:00 AM | Calendar Matter: | | MOTION FOR LEAVE TO Intervene Pursuant To Code Of Civil Procedure Section 387; Memorandum Of Points And Authorities In Support Thereof | Rulings: | | On the Law and Motion / Discovery calendar for August 20, 2026, line 1. INTERVENORS ALLIANCE OF CALIFORNIA'S FARMERSAND RANCHERS, AMERICAN CHEMISTRY COUNCIL'S MOTION FOR LEAVE TO Intervene.

Intervenors' (Alliance of California's Farmers and Ranchers; American Chemistry Council) motion to intervene is GRANTED IN PART and DENIED IN PART.

Upon timely application, a nonparty who claims an interest in the subject of the action may intervene. (Code of Civil Procedure section 387(d)(1)(B).) "[S]ection 387 should be liberally construed in favor of intervention." (Simpson Redwood Co. v. State of Cal. (1987) 196 Cal.App.3d. 1192, 1200.) Here, the intervenors demonstrate good cause to intervene because they have a direct and immediate interest in the litigation and the intervention will not expand the scope of the suit. Indeed, neither petitioner nor respondent opposes intervention.

Intervenors' request to file a cross-complaint in intervention per Government Code section 11350(a) and Civil Procedure Code section 1060 is DENIED. Under both provisions, the court may decline to hear an action for declaratory relief where the declaration is "not necessary or proper at the time under all the circumstances." (Code of Civil Procedure section 1061.) In this case, intervenors and respondents are aligned in contending that the regulations are enforceable. A judgment in respondents' favor will necessarily uphold the validity of the regulations and the repetitive action for declaratory relief is unnecessary.

Intervenors note that their interests in this case are not in lockstep with respondents. The court is allowing intervention and intervenors will be able to argue their position on the regulations. The court therefore DENIES intervenors' request to file a cross-complaint in intervention. Intervenors may file their answer in intervention per Code of Civil Procedure section 387(e)(1).

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