NATIONAL WILDLIFE FEDERATION v. GORSUCH

No. 83-5753.

744 F.2d 963 (1984)

NATIONAL WILDLIFE FEDERATION and New Jersey State Federation of Sportsmen's Clubs, Appellants, v. Anne M. GORSUCH, in her official capacity as Administrator of the United States Environmental Protection Agency and Jacqueline Schaeffer, in her official capacity as Regional Administrator of Region II of the United States Environmental Protection Agency, 26 Federal Plaza, New York, New York 10007 and Robert E. Hughey, in his official capacity as Commissioner of the New Jersey Department of Environmental Protection, Trenton, New Jersey 08625 and Richard Killeen, in his official capacity as Chairman of the Commissioners of the Bergen County Utilities Authority, P.O. Box 122, Little Ferry, New Jersey 07643 and The Bergen County Utilities Authority, P.O. Box 122, Little Ferry, New Jersey 07643 and Thomas Cifelli, in his official capacity as Chairman of the Passaic Valley Sewerage Commissioners, 600 Wilson Avenue, Newark, New Jersey 07105 and The Passaic Valley Sewerage Commissioners, 600 Wilson Avenue, Newark, New Jersey 07105 and George Gordon, in his official capacity as Chairman of the Commissioners of the Linden Roselle Sewerage Authority, P.O. Box 124, Linden, New Jersey and The Linden Roselle Sewerage Authority, P.O. Box 124, Linden, New Jersey 07036 and Robert H. Grasmere, in his official capacity as Chairman of the Board of the Joint Meeting of Essex and Union Counties, 500 South First Street, Elizabeth, New Jersey 07202, and The Joint Meeting of Essex and Union Counties, 500 South First Street, Elizabeth, New Jersey 07202 and Frederick Kurtz, in his official capacity as Chairman of the Commissioners of the Middlesex County Utilities Authority, P.O. Box 461, Sayreville, New Jersey 08872 and Middlesex County Utilities Authority, P.O. Box 461, Sayreville, New Jersey 08872 and Rosalie Berger, in her official capacity as Chairman of the Commissioners of the Rahway Valley Sewerage Authority, P.O. Box 227-E, Rahway, New Jersey 07065 and The Rahway Valley Sewerage Authority, P.O. Box 227-E, Rahway, New Jersey 07065, Appellees.

United States Court of Appeals, Third Circuit.

Decided September 20, 1984.


Attorney(s) appearing for the Case

Thomas K. Bick (argued), Kenneth S. Kamlet, Nat. Wildlife Federation, Washington, D.C., Joseph A. Ascione, Fischer, Kagan & Chester, Clifton, N.J., for appellants, Nat. Wildlife Federation and New Jersey State Federation of Sportsmen's Clubs.

Roger J. Marzulla (argued), Julie Weisman, U.S. Dept. of Justice, Land & Nature Resources Div., Washington, D.C., Joseph Freedman, U.S. Environmental Protection Agency, Washington, D.C., for Federal appellees.

Milton B. Conford (argued), Wilentz, Goldman & Spitzer, Woodbridge, N.J., for Middlesex County Utilities Authority and Frederick Kurtz.

Menelaos W. Toskos, Moses & Toskos, Hackensack, N.J., for Bergen County Utilities Authority and Richard Killeen.

David P. Schneider, Deputy Atty. Gen., Environmental Protection Section, Trenton, N.J., for Robert E. Hughey, Com'r of the N.J. Dept. of Environmental Protection.

Charles C. Carella, Carella, Byrne, Bain & Gilfillan, P.A., Newark, N.J., for Passaic Valley Sewerage Com'rs and Thomas Cifelli.

George J. Minish, Minish & Williams, West Orange, N.J., for Joint Meeting of Essex & Union Counties and Robert Grasmere.

Robert L. Sheldon, Roselle Park, N.J., for the Rahway Valley Sewerage Authority and Frederick Soos.

Raymond G. Tomaszewski, Linden, N.J., for Linden Roselle Sewage Authority and George Gordon.

Before WEIS and BECKER, Circuit Judges, and OLIVER, District Judge.


OPINION OF THE COURT

WEIS, Circuit Judge.

In their complaint, plaintiffs attacked the terms of consent decrees to which they were not parties. The district court dismissed the complaint because plaintiffs had not timely intervened in the earlier lawsuit. We will affirm.

Plaintiffs brought suit against officers of the EPA, the commissioner of the state environmental agency, and six New Jersey sewage authorities...

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