California Department of Toxic Substances Control v. Commercial Realty Projects, Inc.
Opinion
Lead Opinion
Rawlinson, J.
Applicants-In-Intervention/Appellants Cities of Buena Park, Hawthorne, Hermo-sa Beach, Huntington Park, Paramount, *1116 Redondo Beach, Seal Beach, South Gate, Torrance, Lynwood, Lawndale and Long Beach (sometimes collectively referred to as “Cities”) appeal the denial of their motions to intervene in this action for recovery of environmental response costs under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA,” 42 U.S.C. §§ 9601-75 ). Cities also challenge the district court’s approval of a consent decree to which the parties stipulated. Because Cities’ motions to intervene are untimely, we affirm the district court’s order denying those motions. As Cities are not parties to this action, they are not entitled to appeal the district court’s approval of the consent decree.
BACKGROUND
From 1959 to 1965, a municipal Class II rubbish disposal facility was operated at a 157-acre landfill in Carson, California (the “Landfill”). Approximately 6.6 million cubic yards of waste, some of which contained hazardous substances, were deposited at the Landfill.
In 1982, the California Department of Health Services, Toxic Substance Control Program (“DTSC”)…