United States v. Metropolitan District Commission
Opinion of the Court
The towns of Cohasset, Scituate, and Hull, and the public interest group, Nahant S.W.I.M., appeal an order by the district court which denied their motions to intervene in this case which involves the cleanup of Boston Harbor. We affirm.
I. BACKGROUND
The district court consolidated two cases designed to remedy the pollution of Boston Harbor resulting from sewage and other wastewater discharge, one brought in June 1983 by the Conservation Law Foundation of New England against the Metropolitan District Commission (“MDC”) and the Environmental Protection Agency (“EPA”),
On September 5, 1985, the district court found the MDC and the MWRA to be in violation of the Federal Water Pollution
On June 24, 1986 the MWRA filed an environmental notification form (“ENF”), published in the Environmental Monitor, giving formal notice that the process for selecting a terminus site for the pipe had begun and listing Massachusetts Bay as a possible site.
In October, 1987, Nahant S.W.I.M. and the towns of Hull, Cohasset, Scituate, Marshfield and Hingham sought to intervene in the case pursuant to both 33 U.S.C. § 1365(b)(1)(B) of the FWPCA and Fed.R. Civ.P. 24, in order to protect their rights to unpolluted bay water which might be threatened by siting the terminus of the sewage outfall pipe in Massachusetts Bay.
The district court, in a Memorandum and Order dated February 8,1988, held that the motions were untimely and denied them. Cohasset, Scituate, Hull, and Nahant S.W. 1.M. appeal this ruling.
II.COHASSET AND SCITUATE
The district court issued its order concerning intervention on February 8, 1988. Hull and Nahant S.W.I.M. filed notices of appeal within the required 60 days of the order; Hull filed on March 8, 1988 and Nahant S.W.I.M. filed on March 9, 1988. Cohasset and Scituate, however, did not file their joint notice of appeal until June 27, 1988.
The Federal Rules of Appellate Procedure are clear that late appeals such as those made by Cohasset and Scituate (4V2 months after the court order) are not allowed. Fed.R.App.P. 3, 4.
Permitting courts to exercise jurisdiction over unnamed parties after the time for filing a notice of appeal has passed is equivalent to permitting courts to extend the time for filing a notice of appeal. Because the rules do not grant courts the latter power, we hold that the rules likewise withhold the former.
Torres v. Oakland Scavenger Co., — U.S. -, -, 108 S.Ct. 2405, 2408, 101 L.Ed.2d 285 (1988) (emphasis added).
We conclude that there is no appellate jurisdiction over Cohasset’s and Scituate’s appeal.
III.HULL AND NAHANT S.W.I.M.
The FWPCA provides that if the State has commenced a lawsuit to require compliance with an effluent standard or limitation or an order with respect to such a standard or limitation, “any citizen may intervene as a matter of right” in any such action. 33 U.S.C. § 1365(b)(1)(B). The district court held that the intervenors were too late to intervene on the liability issue, and too early to intervene on the enforcement issue. It held that effluent limitations were no longer at issue because the
Fed.R.Civ.P. 24 dictates that any motion to intervene must be timely.
The district court carefully addressed each of these factors and concluded: (i) that “it had been obvious since the inception of the MWRA in 1985 that one solution to the disposal problem was the construction of an outfall somewhere in the Massachusetts Bay,” United States v. Metropolitan District Commission, 679 F.Supp. at 1160; (ii) that “any attempt to relitigate decided issues would clearly prejudice the existing parties” and “[ajllowing intervention, even if limited to the specific issue of the outfall, necessarily brings with it the risk that other, settled issues ... would also be implicated,” id. at 1161-62; (iii) that the prospective intervenors would not be prejudiced because “it is not at all clear that the construction of the treatment plant and outfall pipe will necessarily result in violation of any effluent standard” and that the towns had other avenues for influencing the decisions relating to the location of the outfall pipe, as such decisions will not be made by the court, but by the parties “in political and administrative fora open to the influence of the petitioners,” id. at 1163 (emphasis in original); and (iv) that the magnitude and importance of this case requires bringing the pollution of Boston Harbor “under meaningful control as soon as possible ... [and that] the introduction of new parties into this case at this time will fundamentally change the dynamics of the processes at work in this case,” id. at 1164.
The Supreme Court has established that the standard of review on an appeal of timeliness is abuse of discretion.
Timeliness is to be determined from all the circumstances. And it is to be determined by the court in the exercise of its sound discretion; unless that discretion is abused, the court’s ruling will not be disturbed on review.
NAACP v. New York, 413 U.S. at 366, 93 S.Ct. at 2603. We have followed this teaching.
The determination of timeliness is within the sound discretion of the district court; we cannot disturb the district court’s findings on this point unless an abuse of discretion has been demonstrated.
Garrity v. Gallen, 697 F.2d at 455. See also United Nuclear Corp. v. Cannon, 696 F.2d at 143; Culbreath v. Dukakis, 630 F.2d at 24.
We have reviewed the timeliness analysis that was undertaken by the district court against the Culbreath standards, and find that there was no abuse of discretion. The district court is in the best position to judge the impact of intervention at this fime in this complex ongoing litigation that has already consumed years of attention by the
The appeals of Cohasset and Scituate are dismissed as untimely. As to the remaining appellants, the district court’s denial of the motion to intervene is affirmed.
. The EPA was dismissed as a defendant on September 5, 1985.
. The ENF stated that the MWRA will construct an "outfall structure to convey effluent from the new treatment plant to Boston Harbor or Massachusetts Bay.”
. Fed.R.App.P. 4(a)(1) states: "In a civil case in which an appeal is permitted by law as of right from a district court to a court of appeals the notice of appeal required by Rule 3 shall be filed with the clerk of the district court within 30 days after the date of entry of the judgment or order appealed from; but if the United States or an officer or agency thereof is a party, the notice of appeal may be filed by any party within 60 days after such entry.”
. Fed.R.Civ.P. 24 states: "(a) Intervention of Right. Upon timely application anyone shall be permitted to intervene in an action: (1) when a statute of the United States confers an unconditional right to intervene; or (2) when the applicant claims an interest relating to the property or transaction which is the subject of the action and the applicant is so situated that the disposition of the action may as a practical matter impair or impede the applicant’s ability to protect that interest, unless the applicant’s interest is adequately represented by existing parties.”
Reference
- Full Case Name
- UNITED STATES of America v. METROPOLITAN DISTRICT COMMISSION, Appeal of TOWN OF HULL, Intervenor, UNITED STATES of America v. METROPOLITAN DISTRICT COMMISSION, Appeal of NAHANT S.W.I.M., INCORPORATED, Intervenor, UNITED STATES of America v. METROPOLITAN DISTRICT COMMISSION, Appeal of TOWNS OF COHASSET AND SCITUATE, Intervenors
- Cited By
- 7 cases
- Status
- Published