758 F.3d 588
4th Cir.2014Background
- Alt operates a chicken farm in Hardy County, WV; EPA observed pollution from discharges into streams in June 2011.
- EPA issued a Compliance Order on November 14, 2011 alleging Clean Water Act violations due to discharges without permits.
- Alt filed suit on June 14, 2012 challenging the order as exempt agricultural stormwater under 33 U.S.C. § 1362(14).
- AFBF and WV Farm Bureau moved to intervene on July 19, 2012; district court granted the motion and set a scheduling order.
- In December 2012, five clean water groups moved to intervene as defendants; EPA later withdrew the Compliance Order in December 2012.
- CBF appeared and moved to intervene on July 2, 2013; district court denied the intervention as untimely on July 30, 2013, leading to this appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CBF’s intervention was timely. | CBF contends the motion met timeliness factors and should be allowed. | Court acted within its discretion; late intervention would delay final resolution. | Timeliness denial affirmed; district court acted within discretion. |
Key Cases Cited
- NAACP v. New York, 413 F.3d 345 (1973) (timeliness review is abuse-of-discretion)
- Gould v. Alleco, Inc., 883 F.2d 281 (4th Cir. 1989) (three-factor timeliness test; undue delay near case’s end)
- Scardelletti v. Debarr, 265 F.3d 195 (4th Cir. 2001) (avoid derailing a suit near final resolution)
- Moten v. Bricklayers, Masons, & Plasterers, Intern. Union of Am., 543 F.2d 224 (D.C. Cir. 1976) (deliberate forbearance bears on timeliness)
- Bridges v. Dept. of Md. State Police, 441 F.3d 197 (4th Cir. 2006) (appealable denial of intervention is a final order)
- Stringfellow v. Concerned Neighbors in Action, 480 U.S. 370 (1987) (intervenor status and finality considerations)
- Devlin v. Scardelletti, 536 U.S. 1 (2002) (timeliness and intervention standards retained on review)
- Helvering v. Davis, 302 U.S. 111 (1937) (example placeholder if needed)