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United States v. Atlantic Richfield Co.

ELR Citation: 48 ELR 20023
Nos. 14-cv-312, (N.D. Ind., 02/09/2018) (Simon, J.)

A district court held that residents of the West Calumet Housing Complex in East Chicago cannot intervene in a CERCLA settlement agreement after the agreement was approved. In 2016, residents of the housing complex were told to evacuate the complex because of severe contamination from the USS Lead Superfund site, which had seen over a century of lead and arsenic contamination. The residents moved to intervene to force EPA to accelerate the cleanup, as they were only recently told about the severity of the contamination. The court held that the intervention was not timely since there was a notice-and-comment period that preceded the finalization of the settlement agreement and the residents could have intervened while the case was still pending.