United States v. Stringfellow

Nos. 84-5682 (9th Cir. March 18, 1985)

In an order to be followed by an explanatory opinion, the court reverses the order of the district court denying citizens living near the hazardous waste dump site that is the subject of this action intervention as of right. The court therefore also vacates the portion of the order granting permissive intervention.

[The order reversed in part and vacated in part here is printed at 14 ELR 20381; other opinions in the case are printed at 14 ELR 20385, 20388, and 20799.]

Counsel for Intervenors-Appellants
Frederic D. Woocher, Joel R. Reynolds, Felicia A. Marcus
Center for Law in the Public Interest
10951 W. Pico Blvd. 3d Floor, Los Angeles CA 90064
(213) 470-3000

Counsel for Plaintiff-Appellee
Anne S. Almy
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-4427

Counsel for Defendant-Appellee
David L. Mulliken, Steven P. McDonald, Robert P. Dahlquist
Latham G. Watkins
701 B St., Suite 2100, San Diego CA 92101
(619) 236-1234

Christopher P. Bisgaard
Lewis, D'Amato, Brisbois & Bisgaard
261 S. Figueroa St., Suite 300, Los Angeles CA 90012
(213) 628-7777

Before: GOODWIN and REINHARDT, Circuit Judges, and SOLOMON,^* District Judge.

[15 ELR 20403]

The portion of the order of February 17, 1984 denying appellants' motion to intervene as of right is reversed. The portion of the order granting appellants leave to intervene permissively is vacated. Upon remand appellants should be granted leave to intervene as of right.

In view of the decision set forth above, we need not decide the question as to the appropriateness of the conditions that the district court attached to the appellants' participation as a permissive intervenor. We, of course, express no view as to what conditions, if any, may appropriately be placed upon the appellants' participation in the litigation in their capacity as intervenors as of right, or upon the participation of any other parties to the litigation. An opinion will follow.

REVERSED IN PART, VACATED IN PART, AND REMANDED FOR FURTHER PROCEEDINGS.

* Hon. Gus D. Solomon, Senior United States District Judge for the District of Oregon, sitting by designation.