United States v. City of Detroit
712 F.3d 925
| 6th Cir. | 2013Background
- DWSD environmental enforcement case since 1977 under Clean Water Act involving staffing and contractual issues.
- Judge Cox's Sept. 9, 2011 order authorized a Root Cause Committee to propose long-term compliance measures.
- Nov. 4, 2011 order adopted the committee's findings and struck or modified CBAs and related labor rules.
- Unions moved to intervene; district court denied as untimely after applying timeliness factors.
- This appeal reverses the district court, endorsing limited intervention rather than outright denial.
- Dissent accuses majority of overstepping timeliness ruling and drafting an improper scope for intervention.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether intervention was timely under Rule 24(a)(2). | Unions timely; district court abused discretion. | Unions delayed and waited for Root Cause Committee outcome. | District court erred; intervention should be allowed, potentially with scope limits. |
| Whether intervention scope should be limited rather than denied. | Limited intervention necessary to protect CBAs and interests. | Full or no intervention appropriate given progress and health risks. | Limited intervention appropriate; remand to set scope. |
| Whether Rule 19 and related constitutional concerns require further remedies on remand. | Rule 19/All Writs Act issues warrant joinder and review. | Not necessary at this stage; focus on timeliness. | Remand appropriate to address Rule 19/All Writs issues; keep participation open. |
Key Cases Cited
- Michigan Ass’n for Retarded Citizens v. Smith, 657 F.2d 102 (6th Cir.1981) (timeliness factors in intervention apply to nonadversarial litigation)
- Stotts v. Memphis Fire Dep’t, 679 F.2d 579 (6th Cir.1982) (late intervention can be denied if no protected interest and undue delay)
- Grubbs v. Norris, 870 F.2d 343 (6th Cir.1989) (abuse of discretion review in timeliness; public interest considerations)
- United Airlines, Inc. v. McDonald, 432 U.S. 385 (1977) (intervention may be granted for limited purposes to appeal or future remedial proceedings)
- Provident Tradesmens Bank & Trust Co. v. Patterson, 390 U.S. 102 (1968) (sua sponte Rule 19 considerations and appellate jurisdiction)