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United States v. ExxonMobil Corp.

ELR Citation: 38 ELR 20027
Nos. No. 07-00060, (D.N.H., 12/20/2007)

A district court held that a nonsettling potentially responsible party (PRP) may intervene in a consent decree between the United States and settling PRPs concerning the reimbursement of response costs incurred at the Beede Waste Oil Superfund site in Plaistow, New Hampshire. The nonsettling PRP's motion to intervene is timely. Moreover, the nonsettling PRP has presented a protectable interest that may be impaired by entry of the decree since the decree's approval would extinguish the PRP's right to contribution under Comprehensive Environmental Response, Compensation, and Liability Act §113(f)(1). And given the competing interests in the litigation, adequate representation of the nonsettling PRP's interests by any of the existing parties is impossible. The court, therefore, granted the motion to intervene for the limited purpose of objecting to the proposed decree.