A homeowners association sues a federal agency to enjoin a license issuance to a fracking company. What is the proper legal action they should take?

Get ready for the BPS I Civil Procedure Test. Utilize flashcards and multiple-choice questions with detailed explanations to boost your preparation. Excel in your exam!

The appropriate legal action for the homeowners association is to file a motion to permissibly intervene. This choice reflects the fact that the homeowners association has a direct interest in the matter at hand, specifically regarding the issuance of a license to the fracking company, which could potentially affect their property and community.

Intervention is a legal procedure that allows a third party to become involved in an ongoing lawsuit. Permissive intervention can be granted when the intervening party has claims or defenses that share a common question of law or fact with the main action. In this situation, the homeowners association may seek to join the lawsuit to protect its interests and address its concerns about the environmental and community impacts of the fracking operations.

This option is particularly relevant because it enables the association to raise its objections and participate actively in the dispute over the federal agency's decision. The other choices do not provide a suitable means for the association to make its opposition known in the context of this lawsuit. For instance, submitting a request for a public hearing does not automatically confer standing or the ability to contest the agency's decision in court. Filing a motion to dismiss the case would not be appropriate for a party seeking to intervene; it's a request to terminate the case rather than to participate. Bringing

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