ELR Citation: ELR 21188
No(s). 89-3652 (GEB) (D.N.J. Jan 19, 1990)

The court holds that nonsettling defendants in a related action are entitled to intervene as of right to challenge a consent decree between the United States and 116 potentially responsible parties involving cleanup of the Lone Pine Landfill in Freehold Township, New Jersey, under the Comprehensive Environmental Response, Compensation, and Liability Act and the Resource Conservation and Recovery Act. The timeliness of the intervenors' motion is not at issue, because the United States has not opposed the motion on these grounds. The intervenors have a substantial, legally protected interest, because their right to contribution will be extinguished if the consent decree is approved, and contribution is their only means to be made whole if they are found liable beyond their "fair share." The right to contribution is not contingent on approval of the consent decree even though they may lose once it is approved. This litigation may impair their interest in contribution, because approval of the consent decree would eliminate this right. No existing party to the consent decree adequately represents the intervenors' interests, because the intervenors' submission of public comments in this proceeding did not make them parties to this litigation.

[A related decision is published at 20 ELR 21191.]

Counsel for Plaintiff
Donald G. Frankel
Land and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Counsel for Defendants
Michael A. Brown
Schmeltzer, Aptaker & Sheppard
2600 Virginia Ave. NW, Ste. 1000, Washington DC 20037
(202) 333-8800

Counsel for Intervenors
Robert A. Mathews
McKenna, Conner & Cuneo
1575 Eye St., NW, Washington DC 20005
(202) 789-7500