United States of America v. J.B. Stringfellow, Jr., Concerned Neighbors in Action and Penny Newman, Intervenors-Appellants

Concerned Neighbors in Action (“CNA”) and its chairwoman, Penny Newman, appeal the district court’s denial of their motion to intervene as of right in an action brought by the United States and the State of California against thirty-one parties who are allegedly responsible for release of hazardous wastes from the Stringfellow Acid Pits. We conclude that the district court erred in finding that appellants failed to meet the requirements of intervention under Fed.R.Civ.P. 24(a)(2).

I. FACTUAL BACKGROUND

CNA is a nonprofit organization consisting of over 400 residents of Glen Avon, California and its surrounding communities. The organization was founded in 1979 in response to releases of hazardous wastes from Stringfellow. CNA was formed to ensure adequate clean-up of the acid pits; to monitor the performance of government agencies involved in clean-up efforts; and to protect the health and well-being of its members who, according to appellants, have all been exposed to hazardous wastes deposited at Stringfellow. Penny Newman, in addition to being the chairwoman of CNA, is a resident of Glen Avon.

Stringfellow is a 20-acre hazardous waste disposal site constructed by the State of…