M E M O R A N D U M
| To: | AMSA Board of Directors |
| From: | John Distin, Counsel |
| Date: | September 10, 1997 |
| Subject: | Litigation Update |
Gearhart v. Reilly
AMSA is a Plaintiff-Intervenor in this case in the United States District Court in Oregon. This case was filed by a group of citizens who sought to require U.S. EPA to propose rules that identify toxic pollutants in sewage sludge and place limits and conditions on those pollutants. AMSA intervened in the case in September of 1991. The Court has retained jurisdiction pending performance of the terms of the Consent Decree, including promulgation of the Round II rules. No pleadings have been filed in this case since the June 1997 Litigation Update.
U.S. EPA has indicated that it might not promulgate Round II rules partly because the Agency may address dioxin, furans and PCBs under ยบ 129 of the Clean Air Act. If so, AMSA may wish to review the effect on members and reassess its position in this case.
City of Albuquerque v. Browner
This case is the first challenge to water quality standards adopted by an Indian tribe under the 1987 Clean Water Act which authorized U.S. EPA to treat Indian tribes as states under certain circumstances. Specifically, the City of Albuquerque challenged U.S. EPA's approval of standards developed by the Isleta Pueblo. AMSA has participated in this case as an amicus curiae. The Tenth Circuit affirmed the District Court's denial of the City's motion for summary judgment and grant of EPA's motion for summary judgment.
A petition for rehearing was filed, but denied by the Tenth Circuit on January 7, 1997. The United States Supreme Court still has not ruled upon the petition for a writ of certiorari, which was filed on April 7, 1997.
Bus Accident with Injuries during Annual Meeting
On May 18, 1996, while on an outing during the Annual Meeting, several AMSA members and staff were injured in a bus accident. An injured AMSA member and his wife have filed suit against the bus company. AMSA has pending claims against the bus company's insurer for lost time and expenses related to the accident.
Return to MU97-23