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U.S. v. TEXAS EASTERN TRANSMISSION CORP.

No. 89-6307.

923 F.2d 410 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. TEXAS EASTERN TRANSMISSION CORPORATION, d/b/a Texas Eastern Gas Pipeline Company, Defendant-Appellee, v. The COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL RESOURCES, Movant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 13, 1991.

Attorney(s) appearing for the Case

Carl B. Schultz, David Wersan, Central Region Litigation, Martin H. Sokolow, Jr., Harrisburg, Pa., for movant-appellant.

James W. McCartney, Carol E. Dinkins, Arthur E. Murphy, Vinson & Elkins, Bolivar C. Andrews, Vice President Law, Houston, Tex., for defendant-appellee.

Frank A. Conforti, Asst. U.S. Atty., Henry K. Oncken, U.S. Atty., Houston, Tex., Robert L. Klarquist, David C. Shilton, Land & Natural Resource Div. Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before CLARK, Chief Judge, GARZA and DAVIS, Circuit Judges.

CLARK, Chief Judge:

The only issue in this appeal is whether the Commonwealth of Pennsylvania (Pennsylvania) should have been allowed to intervene in a civil action brought by the Environmental Protection Agency (EPA) against Texas Eastern Transmission Corporation (Texas Eastern). The district court held that Pennsylvania was not entitled to intervention of right under Fed.R.Civ.P. 24(a) or permissive intervention under Fed...

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