ELR Citation: ELR 20982
No(s). 84-200C(1) (E.D. Mo. Jul 30, 1990)

The court denies a motion by two cities in Missouri to intervene in an action by the United States and Missouri against parties potentially responsible for dioxin contamination under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The court first holds that the cities' motion to intervene is untimely. The case is six years old. The untimeliness of the cities' motion threatens significant prejudice to the existing parties. Opportunities for public participation have been numerous, and the cities' own statement of facts in their reply memorandum demonstrates that they have long been aware of the dioxin problem and this litigation and have participated in various aspects of the state and federal processes addressing both. The court next holds that intervention by the cities is not necessary to adequately protect their interests in the dioxin cleanup. Missouri and the United States, as governmental entities acting in the public interest, are both presumed to adequately represent the interests that the cities assert, particularly as the cities' complaint is patterned after the complaint of the United States. The cities have not demonstrated the existence of any factors rebutting this strong presumption, and the proposed consent decrees in this case appear to address at least two of the cities' major concerns.

[Previous decisions in this litigation are published at 16 ELR 20368, 17 ELR 21217, 18 ELR 20055, and 20 ELR 20879. A subsequent decision in this litigation is published at 21 ELR 20984.]

Counsel for Plaintiff
Joseph Moore, Ass't U.S. Attorney
1114 Market St., St. Louis MO 63101
(314) 539-2200

Timothy Duggan, Ass't Attorney General
P.O. Box 8899, Jefferson City MO 65102
(314) 751-3321

Counsel for Defendants
F. William McCalpin
Lewis, Rice & Fingersh
611 Olive St., Ste. 1400, St. Louis MO 63101
(314) 444-7600

John Cole
Armstrong, Teasdale, McPheeters & McRoberts
One Metropolitan Sq., Ste. 2600, St. Louis MO 63102-2740
(314) 621-5070

Ted Perryman
Roberts, Perryman & Bomkamp
One Mercantile Sq., Ste. 2300, St. Louis MO 63101
(314) 421-1850