ELR Citation: ELR 20296
No(s). 89-0005-P (CS) (W.D. Ky. Nov 20, 1989)

The court holds that Kentucky may intervene as a matter of right under §113(i) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in a consent decree between the United States Environmental Protection Agency (EPA) and two companies for hazardous waste cleanup costs. The court holds that Kentucky should be permitted to intervene to litigate whether its own state standards are legally applicable, relevant, or appropriate to formulating the consent decree. Further proceedings may be necessary for inclusion of the state standards in the consent decree unless EPA justifies their exclusion. Additionally, the court holds that Kentucky's reliance on CERCLA §121(f)(2)(B) is premature, since intervention under that section revolves around the legitimacy of EPA's justification for declining to adopt state standards.

Counsel for Plaintiff
Kimberly D. Allan
Land and Natural Resources Division
U.S. Department of Justice, P.O. Box 7611, Ben Franklin Station, Washington DC 20004
(202) 633-2000

Robert Caplan
Hazardous Waste Law Branch
Environmental Protection Agency, 345 Courtland St., NE, Atlanta GA 30365
(404) 347-2641

Counsel for Defendants
Tom Harrison
Day, Berry & Howard
City Place, Hartford CT 06103-3499
(203) 275-0100

Carolyn Brown
Greenebaum, Doll & McDonald
1400 Vine Ctr. Tower, Lexington KY 40508
(606) 231-8500