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United States v. Ketchikan Pulp Co.

430 F. Supp. 83, 7 ELR 20369 (1977)

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United States v. Ketchikan Pulp Co.

United States District Court for the District of Alaska
430 F. Supp. 83, 7 ELR 20369 (1977)

SS

Facts

The Environmental Protection Agency (EPA) (plaintiff) brought an action against Ketchikan Pulp Company (Ketchikan) (defendant) for violations of the effluent discharge limits in Ketchikan’s permit, issued under the Federal Water Pollution Control Act (FWPCA). The EPA and Ketchikan negotiated a proposed consent decree, opening the process to public comments. The FWPCA allowed affected citizens to intervene in a government suit. The Trustees for Alaska and other environmental organizations (collectively, environmental organizations) intervened, objecting to the reasonableness of some provisions of the proposed decree. In a similar case, a court had held that the FWPCA gave such intervenors a right to voice their objections in court but did not empower intervenors to block entry of the decree by withholding consent. The environmental organizations objected to the extension of Ketchikan’s permit, the length of time Ketchikan was given to bring its operations into compliance, the amount of Ketchikan’s fine, and other provisions of the proposed decree. The environmental organizations argued that Ketchikan and the EPA should bear the evidentiary burden of showing that the consent decree was in the public interest.

Rule of Law

Issue

Holding and Reasoning (Von der Heydt, J.)

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