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U.S. v. ALISAL WATER CORP.

No. 02-16594.

370 F.3d 915 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. ALISAL WATER CORPORATION; Toro Water Service Inc.; Robert T. Adcock; Patricia Adcock; North Monterey County Water Service, Inc.; Mosslanding Water Service, Inc.; Natholyn Adcock; Bruce Pierson, as Trustee of the T & P Management Trust, the Patro Real Trust, The DKW Property Trust, the Real Land Trust, the Nine Unit Trust, the Alameda Asset Trust, the AWC Holdings Trust, the AWC II Holdings Trust, the AWC III Holdings Trust, the TWS Holdings Trust, the AWS Holdings Trust; David M. Simcho, as Trustee of the T & P Management Trust, the Patro Real Trust, the DKW Property Trust, the Real Land Trust, the Williams 249 Trust, the Nine Unit Trust, the Alameda Asset Trust, the AWC Holdings Trust, the AWC II Holdings Trust, the AWC III Holdings Trust, the TWS Holdings Trust, the AWS Holdings Trust, Defendants-Appellees, v. Silverwood Estates Development Limited Partnership, Plaintiff-Intervenor-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 3, 2004.

Attorney(s) appearing for the Case

Elizabeth Kessler (argued), Todd S. Kim, Lori Jonas (briefed), U.S. Dept. of Justice, Environment & Natural Resources Division, Washington, DC; John D. Rothman, United States Environmental Protection Agency, San Francisco, CA, for the plaintiff-appellee.

Mark Fogelman, Steefel, Levitt, & Weiss, San Francisco, CA, William C. Last, Jr., Last Harrelson & Faoro, San Mateo, CA, for the plaintiff-intervenor/appellant.

Marc Fairman, and Bennett Young, San Francisco, CA, for the defendants-appellees.

Before: SCHROEDER, Chief Judge, TALLMAN, and CALLAHAN, Circuit Judges.

CALLAHAN, Circuit Judge:

We must decide whether a judgment creditor is entitled to intervene as of right under Fed.R.Civ.P. 24(a) in an environmental enforcement action that may impair the creditor's ability to collect a debt. Silverwood Estates Development ("Silverwood") appeals the district court's denial of its motion to intervene in an action brought by the United States against Alisal Water Corporation ("Alisal") for violations of the Safe Drinking Water Act...

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