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United States v. Metropolitan Dist. Comm'n

Citation: 19 ELR 20639
No. Nos. 88-1493 et al., 865 F.2d 2/28 ERC 1864/(1st Cir., 01/06/1989, 01/12/2089) Denial of intervention aff'd

The court holds that three Massachusetts towns and a public interest group may not intervene in litigation over the cleanup of Boston Harbor. Two towns, Cohasset and Scituate, filed their appeal of the district court's denial of their motion to intervene too late, and Federal Rule of Appellate Procedure 26(b) prohibits the court from enlarging the time for filing a notice of appeal. Although the town of Hull and the public interest group filed timely notices of appeal of the district court's order denying their motion to intervene, they moved to intervene in the district court too late on the liability issue and too early on the enforcement issue. Intervention now on the enforcement issue would disrupt the ongoing litigation, and the plaintiffs can influence the contours of cleanup plan through the administrative process. If the cleanup later violates statutory requirements, it can be judicially challenged at that time.

[Previous decisions in this case appear at 16 ELR 20621 and 18 ELR 20807 and 21233.]

Counsel for Appellants
James L. Quarles III
Hale & Dorr
60 State St., Boston MA 02109
(617) 742-9100

Counsel for Appellees
Andrew S. Hogeland, Ass't U.S. Attorney
1107 John W. McCormack, P.O. & Courthouse, Boston MA 02109-4583
(617) 223-9400

Douglas H. Wilkins, Ass't Attorney General
One Ashburn Place, 20th Fl., Boston MA 02108
(617) 727-2200

Before BOWNES and SELYA, Circuit Judges, and CAFFREY,* Senior District Judge.