Sierra Club v. Us Environmental Protection Agency, and City of Phoenix, Intervention-Appellant

This case has one issue, intervention as a matter of right. The Sierra Club sued the EPA under the Clean Water Act for a declaratory judgment and an injunction. The relief sought' would require the EPA to change the terms of permits issued to the City of Phoenix for two of its wastewater treatment plants. The district court denied the City’s motion to intervene. We reverse, and hold that the City had a right to intervene.

I. Facts

The Sierra Club and an individual sued the Environmental Protection Agency and its administrators under the citizens’ suit provision of the Federal Water Pollution Control Act, commonly referred to as the Clean Water Act. 33 U.S.C. § 1365 (a)(2). The lawsuit made two claims:

The prayer for relief sought a declaratory judgment and an injunction requiring the EPA to do the following:

The City of Phoenix moved to intervene, both as a matter of right and permissively, under Federal Rule of Civil Procedure 24. The district court denied the applications for lack of a “protectable interest” under Portland Audubon Soc. v. Hodel, 866 F.2d 302 (9th Cir.), cert. denied, 492 U.S. 911 , 109 S.Ct. 3229 , 106 L.Ed.2d 577 (1989), and Donaldson v. United States, 400…