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United States v. U.S. Steel Corp.

ELR Citation: 7 ELR 20294
Nos. Nos. 76-2754 et al., 548 F.2d 1232/9 ERC 1937/(5th Cir., 03/18/1977) Aff'd

The court affirms a lower court's denial of a motion by the United Steelworkers union to intervene as a matter of right in an Environmental Protection Agency (EPA) enforcement action which had already resulted in a court order for the shutdown of five open hearth furnances in Birmingham, Alabama. The motion, which was filed almost one year after the court order was entered, and only two weeks before the scheduled shutdown, was untimely. Moreover, the union has failed to show that its interests were not adequately protected by United States Steel. For these reasons, the union was not entitled to intervention of right under F.R.C.P. 24(a)(2). Because the district court's proper denial of intervention was not a final judgment, the court dismisses the union's appeal for want of jurisdiction. The court also affirms EPA's denial of a request by the governor of Alabama under §110(f)(1) of the Clean Air Act for a postponement of the scheduled shutdown. The request, which came only six days before the shutdown date, was untimely since §110(f)(1) requires any such request to be made prior to the compliance date for the stationary source, which in this case was May 31, 1975, rather than the later shutdown date. The lower court opinion is digested at 6 ELR 20732.

Counsel for Appellants United Steelworkers
Jerome A. Cooper
Cooper, Mitch & Crawford
Suite 201, 409 N. 21st St., Birmingham AL 35203
(205) 328-9576

Counsel for Petitioner George C. Wallace
Gerald D. Colvin
Bishop, Sweeney & Colvin
603 Frank Nelson Bldg., Birmingham AL 35203
(205) 251-2881

Counsel for Plaintiff-Appellee, Respondent United States
Raymond W. Mushal
Pollution Control Section
Department of Justice, Washington DC 20530
(202) 737-8200

Before GEWIN, GEE, and FAY, Circuit Judges.