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Environmental Defense Fund v. Costle

Citation: 8 ELR 20782
No. No. 77-1436, 12 ERC 1079/(D.D.C., 12/23/1977) Transfer of venue denied

In a suit challenging, inter alia, defendants' compliance with federal pollution control laws in approving salinity control plans adopted by states of the Colorado River Basin, the court denies defendants' motion for transfer of the case to the federal district court in Colorado. The two prerequisites to transfer, that venue be proper in the transferee district and that defendants be amenable to service of process in the transferee district, have been satisfied. Defendants have failed, however, to demonstrate that interests of convenience and justice favor transfer and outweigh the plaintiff's preference of locale. The convenience of the parties would not be materially affected by the transfer, and the litigation does not turn on issues of local law to an extent indicating that transfer is appropriate. In light of the considerable discretion conferred upon the trial court when considering motions to transfer, the motion is denied.

Counsel for Plaintiff
William A. Butler
Environmental Defense Fund, Inc.
1525 18th St. NW, Washington DC 20036
(202) 833-1484

Counsel for Defendants
Erica L. Dolgin
Land and Natural Resources Division
Department of Justice, Washington DC 20535
(202) 633-4496

Counsel for Intervenor State of Colorado
David Robbins, Deputy Attorney General
1525 Sherman St., Denver CO 80203
(303) 892-3611