Memorandum Opinion and Order

Pending is a Motion by West Virginia Coal Association (“WVCA”) to intervene as a defendant in this administrative review action. ECF No. 20. In this case, the Ohio Valley Environmental Coalition (“OVEC”) and others (collectively “Plaintiffs”) have challenged an action of the United States Environmental Protection Agency (“EPA”). Specifically, Plaintiffs challenge EPA’s approval of the West Virginia Department of Environmental Protection’s (“WVDEP”) decision to not develop Total Maximum Daily Loads (“TMDLs”) for certain West Virginia streams previously identified as “biologically impaired” due to “ionic stress.” Plaintiffs seek an order that declares EPA’s approval in violation of law, and which requires EPA to develop TMDLs for ionic toxicity for the identified streams. WVCA claims that its intervention in this case is warranted as a matter of right under Federal Rule of Civil Procedure 24(a)(2), and alternatively, permissibly under Rule 24(b). Plaintiffs oppose WVCA’s intervention in this case, and EPA takes no position on intervention. For the reasons offered below, the Court DENIES WVCA’s Motion to Intervene but GRANTS WVCA amicus curiae status in this action.