National Wildlife Federation v. Ruckelshaus

99 F.R.D. 558, 21 ERC 1782, 37 Fed. R. Serv. 2d 238, 15 Envtl. L. Rep. (Envtl. Law Inst.) 20845, 21 ERC (BNA) 1782, 1983 U.S. Dist. LEXIS 14866
CourtDistrict Court, D. New Jersey
DecidedAugust 5, 1983
DocketCiv. A. No. 82-4314
StatusPublished
Cited by2 cases

This text of 99 F.R.D. 558 (National Wildlife Federation v. Ruckelshaus) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
National Wildlife Federation v. Ruckelshaus, 99 F.R.D. 558, 21 ERC 1782, 37 Fed. R. Serv. 2d 238, 15 Envtl. L. Rep. (Envtl. Law Inst.) 20845, 21 ERC (BNA) 1782, 1983 U.S. Dist. LEXIS 14866 (D.N.J. 1983).

Opinion

OPINION

CLARKSON S. FISHER, Chief Judge.

The State of Delaware, by and through its Attorney General, has moved before this court to intervene as plaintiff as a matter of right, pursuant to Fed.R.Civ.P. 24(a), in this action. Since Delaware does not meet the requirements for intervention of right or permissive intervention, its motion to join the pending litigation as an intervening plaintiff is denied.

Plaintiffs in the present action seek declaratory and injunctive relief from the court, alleging that defendants’ continued dumping of excessive amounts of toxic materials in sewage sludge in the Atlantic Ocean area known as the New York Bight violates applicable provisions of the Marine Protection, Research, and Sanctuaries Act and the Federal Water Pollution Control Act. This action has been pending before the court since December 22, 1982, and numerous motions of the parties were heard on July 11, 1983, after being postponed for at least three months.

On June 16, 1983, the State of Delaware filed its motion to intervene, alleging essentially the same facts and violations as the parties plaintiff. Claiming that “the papers filed herewith on behalf of the citizens of the State of Delaware speak for themselves and provide the authorities necessary for the Court’s consideration of the Motion,” the state decided not to file a brief in support of its motion. However, the papers filed do not lead this court to conclude that intervention is appropriate in the present case.

Delaware asserts the ability to intervene in the pending action as a matter of right, pursuant to 33 U.S.C. § 1365(b), which states in pertinent part [n]o action may be commenced—

(1) under subsection (a)(1) of this section—

(B) if the Administrator or State has commenced and is diligently prosecuting a civil or criminal action in a court of the United States, or a State to require compliance with the standard, limitation, or order, but in any such action in a court of the United States [560]*560any citizen may intervene as a matter of right.

Delaware’s claim must be evaluated in light of Fed.R.Civ.P. 24(a) which provides that [u]pon timely application anyone shall be permitted to intervene in an action:

(1) when a statute of the United States confers an unconditional right to intervene; or (2) when the applicant claims an interest relating to the property or transaction which is the subject of the action and he is so situated that the disposition of the action may as a practical matter impair or impede his ability to protect that interest, unless the applicant’s interest is adequately represented by existing parties.

Delaware seeks to bring its motion within the purview of rule 24(a)(1) by grounding its motion on 33 U.S.C. § 1365(b)(1)(B). It is well settled that a state is a citizen within the meaning of this section and thus authorized to bring suit. Commonwealth of Massachusetts v. United States Veterans Administration, 541 F.2d 119, 121 (1st Cir. 1976). However, Delaware overlooks the remaining provisions of section 1365 in its hurried quest to join the present action. Section 1365(g) defines citizen, as it is used in the section, as “a person or persons having an interest which may be adversely affected.” Therefore, it must be determined whether the State of Delaware has a sufficient interest in this case to be considered a citizen within the meaning of section 1365(g). People of State of Illinois v. Outboard Marine Corp., 619 F.2d 623, 630-31 (7th Cir.1980), vacated and remanded on other grounds, 453 U.S. 917, 101 S.Ct. 3152, 69 L.Ed.2d 1000 (1981).

Delaware claims a vital interest in stopping ocean dumping at the New York Bight site since the Environmental Protection Agency (EPA) is currently considering designation of a new dump site 106 miles off the Delaware coast. Delaware further claims that it must protect its beaches, fishing industry and other important state interests and asserts that an adverse decision of the action pending in this court will have the effect of sanctioning the EPA’s proposal and encourage the granting of the site designation off the Delaware coast.

The underlying thrust of Delaware’s motion is that Delaware is being harmed by the continued dumping in the New York Bight. However, close examination of this argument leads to the conclusion that Delaware is not presently being harmed by the dumping in the Bight and that Delaware therefore lacks the requisite interest in the pending action to be considered a citizen within the purview of section 1365(b)(1)(B).

This conclusion is strengthened by a number of factors. First, the New York Bight is not close geographically to the Delaware coast, and the state does not allege any actual harm accruing to it through the practices of the defendants. More importantly, the designation of the dump site off the Delaware coast is merely a proposal at this point, and Delaware does not allege that any dumping has taken place at that site or any site other than the New York' Bight. Further, there are no grounds to support Delaware’s contention that a decision adverse to its position will encourage or sanction future EPA action on the proposal to dump off of the Delaware coast. In light of the circumstances, Delaware’s claimed interest in the present action is at best tangential and therefore insufficient to justify its intervention under rule 24(a)(1).

This determination does not dispose of the motion to intervene, however. Delaware may be admitted as a plaintiff if the requirements of rule 24(a)(2) are met. The Third Circuit has determined that a person is entitled to intervene of right if three conditions are satisfied. First, the party must have a sufficient interest in the matter that would be affected by the disposition. Second, this interest must be inadequately represented by the existing parties. Finally, the application must be timely. Commonwealth of Pennsylvania v. Rizzo, 530 F.2d 501, 504 (3d Cir.), cert. denied, 426 U.S. 921, 96 S.Ct. 2628, 49 L.Ed.2d 375 (1976).

It has already been determined that the State of Delaware lacks the requisite inter[561]*561est in the pending action to be made a party under rule 24(a)(1). The same conclusion must be reached in this instance. Delaware’s interest in the action at bar is too remote to justify intervention. Further, the state’s interest in protecting its coastline will not be affected by the disposition of this case. Even if defendants should prevail here, the decision will not affect Delaware. The EPA must still come to its determination of the validity of the proposed alternative dumping site off the Delaware coast.

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99 F.R.D. 558, 21 ERC 1782, 37 Fed. R. Serv. 2d 238, 15 Envtl. L. Rep. (Envtl. Law Inst.) 20845, 21 ERC (BNA) 1782, 1983 U.S. Dist. LEXIS 14866, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-wildlife-federation-v-ruckelshaus-njd-1983.