United States v. Mid-States Terminals, Inc.

No. C 80-18 (N.D. Ohio October 7, 1980)

ELR Digest

A citizens group whose members include people suffering from respiratory ailments may intervene in an enforcement action under the Clean Air Act. The court first holds that intervenors submitted a responsive pleading. The court also rejects defendant's argument that intervenors' interests are adequately represented by existing parties. The court notes that intervenors had brought a citizen enforcement action against the government that triggered the government enforcement case and that the government has a history of lack of diligent prosecution that prompted Congress to allow citizen intervention. The court holds that intervenors satisfy the standing requirement. The Northwestern Ohio Lung Association has members who allegedly suffered as a result of the pollution from defendant's facility.

The full text of this opinion is available from ELR (3 pp. $2.00, ELR Order No. C-1346).

Counsel for Plaintiffs
Verne Armstrong
307 U.S. Cthse., Toledo OH 43624
(419) 259-6376

Counsel for Defendant
Robert B. Gosline
Shumaker, Loop & Kendrick
N. Cthse. Square, 1000 Jackson, Toledo OH 43624-1573
(419) 241-4201

Counsel for Intervenor-Plaintiffs
A. Mark Segreti Jr.
181 E. Livingston Ave., Columbus OH 43215
(416) 221-8181

(Walinski, J.)

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]