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To meet a sufficient interest in the litigation the Supreme Court has held that an applicant must assert an interest that is 'significantly protectable.' Donaldson v. United States, 400 U.S. 517, 531, 91 S. Ct. 534, 27 L. Ed. 2d 580 (1971). This means 'a cognizable legal interest, and not simply an interest of a general and indefinite character.' Brody, 957 F.2d at 1116 (internal quotation marks and citation omitted). An applicant must therefore demonstrate that its interest is 'specific to [it], is capable of definition, and will be directly affected in a substantially concrete fashion by the relief sought.' Kleissler, 157 F.3d at 972. Given these standards, it is not surprising that '[t]he facts assume overwhelming importance in each decision.' Id. See Benjamin ex rel. Yock v. Dep't of Pub. Welfare, 701 F.3d 938, 951 (3d Cir. 2012) (noting that a 'proposed intervenor[] need not possess an interest in each and every aspect of the litigation' and '[is] entitled to intervene as to specific issues so long as their interest in those issues is significantly protectable' (citation omitted)).
The most difficult question in many intervention cases is the nature ...
