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Associated Indus. of Ala. v. Train

Citation: 7 ELR 20146
No. No. 75-2624, 543 F.2d 1159/9 ERC 1542/(5th Cir., 12/13/1976)

The Fifth Circuit upholds the lower court's denial of a motion by the State of Alabama to intervene as of right in a suit over the water quality standards promulgated by the Environmental Protection Agency for Alabama. Plaintiffs challenge EPA's rejection of standards set by the Alabama Water Improvement Commission (AWIC) and substitution of its own standards. Alabama, doubting a strong commitment by either EPA or AWIC to defend the standards, sought to intervene claiming that the suit's result will have a direct effect on the state's citizens and that the interests of Alabama are not adequately represented by the existing parties to the suit. The court concludes that the legality of EPA's standard setting is the only issue, and disagreement with EPA's interpretation of its own standard does not cast doubt on EPA's will to defend its action. The court finds that the positions of Alabama and EPA are identical in this litigation. Alabama's presence would not add any claim or defense that would not be asserted by EPA, and Alabama's absence would do the state no harm.

Counsel for Plaintiffs-Appellees
L. Murray Alley
Fournier J. Gale III
Kirby Sevier
Cabaniss, Johnston & Gardner
19th Floor, First National-Southern Natural Bldg.
Birmingham AL 35203
(205) 323-6181

Robert G. Tate
J. Ross Forman III
Thomas, Taliaferro, Forman, Burr & Murray
16th Floor, Bank for Savings Bldg.
Birmingham AL 35203
(205) 323-7711

Counsel for Defendants
Wayman Sherrer, U.S. Attorney
200 Federal Courthouse
1800 Fifth Ave. North
Birmingham AL 35203
(205) 229-1785

Patrick A. Mulloy
John Zimmerman
Lawrence E. Shearer
Wallace H. Johnson
Jacques B. Gelin
Department of Justice
Washington DC 20530
(202) 737-8200

Counsel for Movant-Appellant
William J. Baxley, Attorney General
Henry H. Caddell
David E. Dunn Asst. Attorneys General
State Capitol
Montgomery AL 36104
(205) 832-6050

Before RIVES,* GEWIN and MORGAN, Circuit Judges.