U.S. v. AVX CORP.

No. 91-1895.

962 F.2d 108 (1992)

UNITED STATES of America, et al., Plaintiffs, Appellees, v. AVX CORPORATION, et al., Defendants, Appellees. National Wildlife Federation, Intervenor, Appellant.

United States Court of Appeals, First Circuit.

Decided April 21, 1992.


Attorney(s) appearing for the Case

Eric R. Glitzenstein, with whom Katherine A. Meyer and Harmon, Curran, Gallagher & Spielberg, Washington, D.C., were on brief, for intervenor, appellant.

John A. Bryson, Atty., U.S. Dept. of Justice, with whom Barry M. Hartman, Acting Asst. Atty. Gen., Myles E. Flint, Deputy Asst. Atty. Gen., Ellen M. Mahan and Anne S. Almy, Attys., U.S. Dept. of Justice, Washington, D.C., were on brief, for plaintiff, appellee U.S.

Matthew T. Brock, Asst. Atty. Gen., Boston, Mass., on brief, for plaintiff, appellee Com. of Mass.

Paul B. Galvani, with whom Roscoe Trimmier, Jr. and Ropes & Gray, Boston, Mass., were on brief, for defendant, appellee Aerovox, Inc.

David A. McLaughlin and McLaughlin & Folan, P.C., New Bedford, Mass., on brief, for defendant, appellee Belleville Industries, Inc.

Before SELYA, Circuit Judge. BOWNES, Senior Circuit Judge, and CYR, Circuit Judge.


SELYA, Circuit Judge.

The National Wildlife Federation (NWF), an intervenor below, tries to appeal the entry of a consent decree concerning the cleanup of New Bedford Harbor. NWF bills the appeal as one involving critical interpretive questions anent the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. §§ 9601-9675 (1988). There is, however, a prevenient issue; the original parties to the litigation contend that NWF...

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