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United States v. Metropolitan St. Louis Sewer Dist.

Citation: 19 ELR 21076
No. No. 88-2512, 874 F.2d 588/29 ERC 1750/(8th Cir., 05/17/1989)

The court holds that an environmental group may intervene in a Federal Water Pollution Control Act (FWPCA) enforcement action brought by the United States against the Metropolitan St. Louis Sewer District. The court first holds that an environmental group, whose members visit, cross, observe, and use for recreational purposes the waters being polluted, has standing and meets the definition of citizen contained in FWPCA § 505(g). The court next holds that the environmental group may intervene as a matter of right under § 505(b)(1)(B). The group's complaint adequately alleged violation of the effluent standards by reference to the government's complaint. Additionally, the environmental group could have become a party by filing a separate action against the United States under FWPCA § 505(a)(2) and then seeking consolidation with this action.

Counsel for Appellants
Louis C. Green
Green, Hennings & Henry
314 N. Broadway, Ste. 1830, St. Louis MO 63102
(314) 231-4181

Counsel for Appellees
Dirk D. Snel, Martin W. Matzen
Land and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 633-4400

Before FAGG and BEAM, Circuit Judges, and DUMBAULD,* District Judge.