Faizer v. TVA, No. 24-190, 2025 WL 409792 (E.D. Tenn. Feb. 5, 2025) (Varlan, J.)

Faizer v. TVA, No. 24-190, 2025 WL 409792 (E.D. Tenn. Feb. 5, 2025) (Varlan, J.)

Re:  Request for records concerning contracts between defendant and certain cryptocurrency mining companies, including intervenor

Disposition:  Granting intervenor’s motion to intervene

• Litigation Considerations:  The court holds “that [intervenor] may intervene in this action as of right.” First, “[t]he Court finds that defendant cannot adequately represent the interests of [intervenor] in this litigation.” “In reaching this finding, the Court is particularly persuaded by defendant’s own statement that it ‘cannot adequately represent [intervenor’s] specific interests,’ a concession that is entitled to a presumption of good faith in this context.”  The court relates that “[intervenor] argues that its interests cannot be adequately represented by defendant because ‘TVA is not in the business of cryptocurrency mining and does not know why [intervenor’s] confidential information should be kept secret from competitors’ . . . .” “The Court finds that [intervenor] has satisfied the remaining requirements set forth in Rule 24(a)(2).” “Specifically, its motion was timely noticed . . . and filed . . . .”  “It is also apparent that [intervenor] has a substantial legal interest in the outcome of this litigation, as this Court has previously recognized in analogous cases.” “And in the context of FOIA litigation involving a non-governmental party’s confidential commercial information, ‘impairment appears especially obvious . . . because if the plaintiff succeeds, the public release of the requested materials is both imminent and irreversible.’”