United States v. Alisal Water Corp.

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 (“Silver-wood”) 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 (“SDWA”), 42 U.S.C. § 300f et seq. We have jurisdiction over the appeal of the denial of the motion to intervene pursuant to 28 U.S.C. § 1291 . Donnelly v. Glickman, 159 F.3d 405, 409 (9th Cir.1998). We affirm.

I. Factual and Procedural Background

In 1995, Silverwood won a $1.7 million judgment against Alisal when the Monte-rey Superior Court determined that Alisal had intentionally breached an agreement to provide water service to a residential real estate development owned by Silver-wood.

In January 1997, the United States filed suit against Alisal in district court for violating the SDWA. A bench trial followed, and the district court granted summary judgment for the United States against Alisal on nine separate causes of action…