United States v. Acorn Engineering Co.

221 F.R.D. 530, 58 ERC (BNA) 1805, 2004 U.S. Dist. LEXIS 8282, 2004 WL 1068889
CourtDistrict Court, C.D. California
DecidedMarch 19, 2004
DocketNo. CV 03-5470 WJR(FMOx)
StatusPublished
Cited by5 cases

This text of 221 F.R.D. 530 (United States v. Acorn Engineering Co.) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Acorn Engineering Co., 221 F.R.D. 530, 58 ERC (BNA) 1805, 2004 U.S. Dist. LEXIS 8282, 2004 WL 1068889 (C.D. Cal. 2004).

Opinion

ORDER DENYING CARRIER CORPORATION’S MOTION TO INTERVENE

REA, District Judge.

After considering the materials submitted by the parties, argument of counsel, and the case file, the Court hereby DENIES Carrier Corporation’s Motion to Intervene.

I. FACTUAL BACKGROUND

The Puente Valley Operable Valley (“Valley”) of the San Gabriel Superfund Site in Los Angeles County is the area of groundwater contaminated by hazardous substances that are located within the Puente Valley groundwater basin. The Valley is situated mostly within the City of Industry.

In May of 1993, the Environmental Protection Agency (“EPA”) issued special notice letters to 58 individuals and entities, including nearly all Defendants, deemed by the EPA to be potentially responsible parties (“PRPs”) under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), for volatile organic substances found in the Valley’s groundwater. The parties were mailed notices based on their association with facilities in the area (i.e., ownership and/or operation). The letters advised Defendants that the EPA considered them potentially responsible for the release or threatened release of hazardous substances in the Valley.

In response, in September of 1993, 42 of the letter recipients, including Carrier Corporation (“Carrier”),1 formed the Puente Val[532]*532ley Steering Committee (“the Committee”) and entered into an Administrative Order on Consent with the EPA to perform the remedial investigation and feasibility study (“RI/FS”) for the Valley. The Committee completed an RI report, and the EPA issued an FS report on May 30,1997.

As a result of the reports, the EPA made several significant findings, including that the regional groundwater contamination at the Valley impacted two separate groundwater conduits (the shallow and intermediate zones), each of which would be addressed in the remedy. In September of 1998, the EPA issued an Interim Record of Decision for the Valley (“Decision”). The Decision set forth the EPA’s remedy for the groundwater cleanup. The Decision called for a cleanup at the Valley’s mouth for both the shallow and intermediate zones.

On September 28, 2000, the EPA issued another round of notice letters to the PRPs, requesting that the parties participate in negotiations to conduct the cleanup of the Valley. Utilizing the special notice and settlement procedures set forth in section 122(e) of CERCLA, the EPA notified all PRPs that they had 60 days to coordinate with each other to present the EPA with a good faith offer to conduct or finance the cleanup. As a result, the PRPs engaged in discussion on how to respond to the EPA. During the discussions, Carrier withdrew from the Committee because Carrier believed that it had already incurred substantial costs in rectifying the groundwater contamination that it previously caused.

In December of 2000, the parties to the Committee, without Carrier, made an offer to the EPA to perform and/or pay for a portion of the cleanup response costs, to pay a portion of future response costs, and to pay a portion of past response costs (the “Consent Decree”).

In September of 2001, the EPA issued Carrier an Administrative Order for Remedial Design and Remedial Action (the “Order”), which required Carrier to design and implement the remedial action selected in the Decision. Finding the Order unwarranted, Carrier submitted a “Statement of Sufficient Cause” to the EPA, objecting to its terms.

Subsequently, the United States filed this complaint, seeking an order compelling the PRPs to implement the mouth-of-the-valley remedy contained in the Decision and seeking judicial approval of the Consent Decree, which excuses all Defendants from having to implement any part of the Decision and confers on them protection from claims for contribution from Carrier or any other party.

The United States commenced this action on July 31, 2003 by filing a complaint against Defendants seeking (1) performance of Defendants of response actions necessary to abate and release or threat of a release of hazardous substances at the Puente Valley Operable Valley of the San Gabriel Superfund Site in Los Angeles County; (2) reimbursement by Defendants of certain costs incurred by the EPA and the United States Department of Justice (“USDOJ”) for response actions at the Site; and (3) performance by Defendants of certain actions necessary to alleviate an imminent or substantial danger to public health or the environment. The first and second claims are sought pursuant to Sections 106 and 107 of CERCLA, and the third claim is sought pursuant to Section 7003 of the Resource Conservation and Recovery Act (“RCRA”).

Carrier now seeks to intervene in this action because Carrier asserts that it has interests in the subject matter of the action that are not adequately represented by any party, and the disposition of the action without Carrier may impair or impede Carrier’s ability to protect those interests.

II. DISCUSSION

(A) Legal Standard

Carrier asserts that it may intervene as of right pursuant to both Federal Rule of Civil Procedure 24(a)(2) and Section 113(i) of CERCLA, 42 U.S.C. § 9613(i) (1980). Fed[533]*533eral Rule of Civil Procedure 24(a)(2) provides:

Upon timely application anyone shall be permitted to intervene in an action ... when the applicant claims an interest relating to the property or transaction which is the subject of the action and the applicant is so situated that the disposition of the action may as a practical matter impair or impede the applicant’s ability to protect that interest, unless the applicant’s interest is adequately represented by existing parties.

Fed R. Civ. P. 24(a)(2). Furthermore, Section 113(i) of CERCLA provides:

In any action commenced under this chapter ... in a court of the United States, any person may intervene as a matter of right when such person claims an interest relating to the subject of the action and is so situated that the disposition of the action may, as a practical matter, impair or impeded the person’s ability to protect that interest, unless the President or the State shows that the person’s interest is adequately represented by existing parties.

42 U.S.C. Section 9613(i).

Under both provisions, the party seeking intervention must satisfy a four part test:

(1) the party’s motion must be timely; (2) the party must assert an interest relating to the property or transaction which is the subject of the action; (3) the party must be so situated that without intervention the disposition of the action, may, as a practical matter, impair or impede its ability to protect its interest; and (4) the party’s interest must not be adequately represented by other parties.

State of Arizona v. Motorola, Inc., 139 F.R.D. 141, 144 (D.Ariz.1991). “The only distinction between the two provisions is the difference in the burden of proof regarding the fourth prong of the test.” United States v. Acton Corp., 131 F.R.D. 431, 433 (D.N.J. 1990);

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221 F.R.D. 530, 58 ERC (BNA) 1805, 2004 U.S. Dist. LEXIS 8282, 2004 WL 1068889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-acorn-engineering-co-cacd-2004.