ELR Citation: ELR 20626
No(s). 89-3110 (11th Cir. Mar 22, 1990)

The court holds that a nonprofit association of electrical generating facilities that discharged treated wastewater into Florida's surface waters was not entitled to intervene as of right in a citizen suit against the United States Environmental Protection Agency (EPA) under the Federal Water Pollution Control Act that sought to compel EPA to promulgate regulations for Florida consistent with water quality standards of the Act. First, the association failed to allege any protectable interest in wetlands, since its members' facilities do not discharge into wetlands. Second, the association's contention that its members could be exposed to increased capital and operating costs by Florida's eventual identification of water bodies that are not in compliance with water quality standards is speculative and does not impart a legally protectable interest sufficient to support intervention of right. Third, the association's members do not discharge treated waters into any outstanding national resource waters that would otherwise warrant a protectable interest in state antidegradation measures. Finally, even if the association asserted a particularized interest, it does not possess a sufficient interest in the main action for which a potential stare decisis effect would supply a practical disadvantage necessitating intervention. The court also holds that the lower court did not abuse its discretion when it denied the association's application for permissive intervention. The association seeks to interject numerous issues into the case, and intervention would severely protract the litigation.

Counsel for Plaintiff-Appellee
William H. Green, James S. Alves
Hopping, Boyd, Green & Sams
P.O. Box 6526, 123 S. Calhoun St., Tallahassee FL 32314
(904) 222 -7500

Counsel for Appellant
Thomas W. Reese
123 Eighth St. N., St. Petersburg FL 33701
(813) 822-4084

Before KRAVITCH and JOHNSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.