ELR Citation: ELR 20808
No(s). 93-CV-0564 (D.D.C. Jun 17, 1993)

The court holds that members of a utility industry group may not intervene under Federal Rule of Civil Procedure 24 in an environmental group's suit to compel the U.S. Environmental Protection Agency (EPA) to promulgate revised standards of performance for NO_x emissions from fossil-fueled steam-generating units in compliance with Clean Air Act (CAA) §407(c)(1). The group members seek to intervene only with regard to any rulemaking schedule the court may impose on EPA. The court holds that the group members may not intervene as of right under Federal Rule of Civil Procedure 24(a), because their claim of right is based solely on the chance that their interests may be affected by a timetable that may or may not be imposed. The court is not required to impose any rulemaking schedule on EPA and EPA is not presently deciding the nature or scope of any regulation affecting the proposed intervenors. The court also holds that permissive intervention under Federal Rule of Civil Procedure 24(b) is inappropriate, because although the group members have an interest in the substance of the regulations, they should not be allowed to interfere with EPA's duties under the CAA. Also, there are several alternatives to participation as a named party.

Counsel for Plaintiff
Craig Harrison
Hunton & Williams
2000 Pennsylvania Ave. NW, Ste. 9000, Washington DC 20006
(202) 955-1500

Counsel for Defendants
John T. Stahr
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000