ELR Citation: ELR 20050
No(s). 05-1598 (8th Cir. Mar 6, 2006)

The court affirms the denial of an intervenor's motions for reconsideration of a consent decree between a sewer district and the U.S. Environmental Protection Agency concerning the Great Lakes Container Corporation Superfund site in St. Louis, Missouri. The intervenor argued that the district falsely represented itself as a passive owner and that newly discovered evidence established that the district actually materially contributed to the contamination. The lower court properly denied the intervenor's motion under Fed. R. Civ. P. 60(b)(3) because he failed to show that the district engaged in fraud or misrepresentation. Nor did the intervenor meet his burden for a new trial under Fed. R. Civ. P. 59(e) because he could have offered or raised the new evidence prior to the entry of judgment.

[Prior decisions in this litigation are published at 19 ELR 21076 and 22 ELR 20765.]