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Missouri v. Independent Petrochemical Corp.

Citation: 17 ELR 20241
No. No. 83-2670 C (2), (E.D. Mo., 10/16/1986) Discovery, motion to join parties consol.

In cost recovery and injunctive relief actions under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the common law of nuisance brought by the United States and Missouri, the court consolidates discovery and trial on issues of liability under CERCLA § 107. The court declines to consolidate discovery on issues of damages, and stays all such unconsolidated discovery. The court declines to join the United States involuntarily in the State's action, since sovereign immunity has not been waived under CERCLA or the Administrative Procedure Act. Finally, the court holds that the United States is not an indispensable party under Federal Rule of Civil Procedure 19(b).

[Other opinions in this case appear at 15 ELR 20161 and 16 ELR 20352.]

Counsel for Plaintiff
Paul Otto, Shelley Woods, David Taylor, Ass't Attorneys General
8th Fl., Broadway Office Bldg., 221 W. High St., Jefferson City MO 65102
(314) 751-3321

Counsel for Defendant
F. William McCalpin
Lewis & Rice
611 Olive St., Suite 1400, St. Louis MO 63101
(314) 444-7600