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U.S. v. UNION ELEC. CO.

No. 94-3606.

64 F.3d 1152 (1995)

UNITED STATES of America and State of Missouri, Plaintiff-Appellees, Flanders Electric Motor Service, Inc.; Liberty Motor And Machinery Co.; Bradford Electric Co.; Mt. Vernon Electric Motor Service, Inc.; Roy G. Letourneau Co.; John Benson Electric Co.; Cotter Electric Co.; Chicago Electric Co.; Delta-Y Electric Co.; Power Equipment Co.; Cardinal Electric; and Electrical Apparatus Service Assoc., Intervenors-Appellants, v. UNION ELECTRIC CO., et al., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 30, 1995.

Attorney(s) appearing for the Case

Jane Fedder Lazaroff, argued, St. Louis, MO (Joseph G. Nassif, Bruce D. Ryder and Linda W. Tape, on the brief), for appellant.

Jeffrey P. Kehne, argued, Washington, DC (Elizabeth Edmonds and David C. Shilton, on the brief), for the USA.

Thomas Blumeyer Weaver, St. Louis, MO (John R. Cowling and Shelley A. Woods, on the brief), for Union Electric.

Before FAGG and BOWMAN, Circuit Judges, and BENNETT, District Judge.

BENNETT, District Judge.

This litigation, under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. §§ 9601-9675, raises a narrow but significant procedural question of first impression in this circuit: whether non-settling potentially responsible parties (PRPs) under section 107 of CERCLA should be allowed to intervene in order to oppose a consent decree that the United States government has reached with settling...

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