ELR Citation: ELR 20399
No(s). 88-1487 (W.D. Pa. Jun 19, 1989)

The court approves a Federal Water Pollution Control Act (FWPCA) consent decree providing for soil and groundwater cleanup, water monitoring, and reimbursement of approximately $800,000 in government expenditures for a one million gallon diesel fuel spill in the Monongahela River. The court also grants several citizens permissive intervention under Federal Rule of Civil Procedure 24(b), entitling them to be notified of any proposed modifications to the consent decree and to file objections, present evidence, and brief all issues raised in any future modification proceeding. The court denies the citizens' motion to intervene as class plaintiffs because FWPCA §505 does not provide for class actions. The court also denies citizens' motion for intervention of right under Federal Rule of Civil Procedure 24 because FWPCA §505 disallows the citizens' intervention in the United States' suit to remedy a wholly past event. Moreover, none of the citizens' interests will be impaired by the suit's disposition. Rather than raising claims for strict liability, damages, and other relief in the complaint in intervention, judicial economy requires the citizens to seek relief in their pending class action suit.

Counsel for Plaintiffs
Ellen Mahan, Ass't Attorney General
Land and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 633-3581

Counsel for Defendant
Howard Specter
Specter Law Offices
2330 Grant Bldg., Pittsburgh PA 15219
(412) 642-2300

Thomas Donovan
Kirkpatrick & Lockhart
1500 Oliver Bldg., Pittsburgh PA 15222
(412) 355-6500

David Fawcett Jr.
Dickie, McCamey & Chilcote
2 PPG Pl., Ste. 400, Pittsburgh PA 15222
(412) 281-7272

Counsel for Intervenor
Zelda Curtiss
Pennsylvania Department of Environmental Resources
121 S. Highland Ave., Pittsburgh PA 15206-3988
(412) 281-7272