American Lung Ass’n v. Reilly
United States Court of Appeals for the Second Circuit
962 F.2d 258 (2d Cir. 1992)
The American Lung Association (plaintiff) and other plaintiffs filed suit against the Environmental Protection Agency (EPA). The plaintiffs asserted that, under the Clean Air Act (the Act), the EPA was required to review and revise the air quality standards for ozone, and it had not done so. The suit attempted to compel the EPA to fulfill its obligations under the Act. The United States District Court for the Eastern District of New York denied the motion of 67 electric utilities and three electric utilities industry associations (utilities) to intervene as a matter of right as defendants in the civil suit. The utilities’ proposed defenses included that the plaintiffs had not stated a claim upon which relief could be granted and that the court did not have subject matter jurisdiction over the claim. The utilities appealed the district court’s ruling denying their motion to intervene.
Rule of Law
Holding and Reasoning (Pratt, J.)