United States Eighth Circuit

In a dispute involving enforcement of the Clean Water Act, district court's judgment against defendant is affirmed where: 1) the court did not err in finding defendant did not have standing to intervene in an action to enforce the Clean Water Act against the Metropolitan St. Louis Sewer District, as defendant did not adequately allege that it would suffer a concrete and particularized injury, nor did it establish that its injury was fairly traceable to the challenged action and would likely to be redressed by a favorable decision; and 2) defendant did not have the right to intervene under either Fed. R. Civ. P. 24(a)(1) or 24(a)(2).

Appellate Information

• Decided 06/22/2009
• Published 06/22/2009

Judges

• MURPHY, Circuit Judge., Before WOLLMAN, JOHN R. GIBSON, and MURPHY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Kenneth Lee Marshall, argued, Dale A. Guarigla and Bruce C. Oetter, on the brief, St. Louis, MO, for appellant.


• For Appellees:
  
• Elizabeth J. Hubertz, argued, St. Louis, MO, Sarah B. Kovenock (law student), for Appellee Missouri Coalition for the Environment Foundation., Sambhav N. Sankar, argued, Washington, DC, for Appellee USA.