United States v. Republic Steel

No. 80-C-587 (N.D. Ill. August 29, 1980)

ELR Digest

The court rules that a citizens group may intervene in a Clean Air Act enforcement suit on a timely motion filed after the filing of a consent agreement to settle the suit. The government filed the agreement shortly after bringing suit, based on two years of prior negotiations with the defendant. The Act gives citizens a right to intervene in enforcement actions. Congress intended citizens to be a vital enforcement factor under the Act. The government's argument that intervenor's arguments should be treated as comments on the proposed consent decree would eviscerate the requirement in the Act that citizens be allowed to intervene as of right.

The full text of this opinion is available from ELR (3 pp. $2.00, ELR Order No. C-1345).

Counsel for Plaintiff
James Hynes, Ass't U.S. Attorney
Rm. 1500 S., 219 S. Dearborn St., Chicago IL 60604
(312) 353-5300

Counsel for Defendant
John Ward
O'Keefe, Ashenpen & Lyons
1 First Nat'l Plaza, Suite 5100, Chicago IL 60603
(312) 621-0400

Counsel for Intervenor
Robert E. Yuhnke
Citizens for a Better Environment
59 E. Van Buren, Suite 1600, Chicago IL 60605 (312) 939-1984

(Moran, J.)

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]