Sierra Club v. Browner

No. 93-5245 (D.C. Cir. April 4, 1994)

The court holds, without opinion, that members of a utility industry group may intervene as of right under Federal Rule of Civil Procedure 24(a) in a suit to compel the U.S. Environmental Protection Agency to promulgate revised standards of performance for NO_x emissions from fossil fueled steam generating units in compliance with Clean Air Act (CAA) § 407(c)(1). The intervenors may intervene only with regard to the rulemaking schedule imposed by the district court and any modifications to that schedule.

[The district court's decision is published at 24 ELR 20808.]

Counsel for Plaintiff
Craig Harrison
Hunton & Williams
2000 Pennsylvania Ave. NW, Ste. 9000, Washington DC 20006
(202) 955-1500

Counsel for Defendants
John T. Stahr
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

[24 ELR 20809]

Judgment

This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs filed by the parties. The court has determined that the issues presented occasion no need for an opinion. See D.C. Cir. Rule 36(b). It is

ORDERED AND ADJUDGED that the district court's memorandum order, filed June 17, 1993, be vacated and the case remanded. On remand, the appellants shall be allowed to intervene by right only with respect to the issue of the rulemaking schedule imposed and any modifications thereto. See Fed. R. Civ. P. 24(a)(2); see also NRDC v. Costle, 561 F.2d 904 [7 ELR 20547] (D.C. Cir. 1977). To the extent that appellants have sought intervention with respect to other matters, the appeal is denied.

The Clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C. Cir. Rule 41.