Stringfellow et al. v. Concerned Neighbors in Action et al. (480 U.S. 370)

U.S. Supreme Court · decided March 9, 1987 · Supreme Court Database (Spaeth)

Citation
480 U.S. 370 · 107 S. Ct. 1177
Decided
March 9, 1987
Term
October Term 1986
Vote
9–0
Majority author
Justice Powell
Issue area
Judicial Power
Disposition
Vacated and remanded
Outcome
Petitioning party won
Ideological direction
Conservative

Opinion excerpt

Justice Powell delivered the opinion of the Court. The question before us is whether a district court order granting permissive intervention but denying intervention as of right is immediately appealable. b-H This case is part of the ongoing litigation concerning the Stringfellow Acid Pits, an abandoned hazardous waste disposal site near Glen Avon, California. Petitioners are 28 individuals, companies, or entities who formerly owned or operated the Acid Pits, or who allegedly produced or transported the wastes that were dumped at the disposal site. In 1983 the United States and the State of California filed suit against petitioners, claiming that the Acid Pits created a substantial danger to the surrounding area. The Government plaintiffs sought injunctive relief that would require petitioners to abate the release of harmful substances from the site, and to take remedial steps to correct the unsafe conditions. Both the United States and California also requested reimbursement for the costs incurred in bringing about the cleanup. Shortly after the complaint was filed, respondent Concerned Neighbors in Action (CNA), a nonprofit organization whose members live near the dumpsite, moved to intervene in the litigation. CNA claimed that it was entitled to intervene as a matter of right pursuant to Federal Rule of Civil Procedure 24(a), because it had a substantial interest in the…

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