Stream Pollution Control Board of the State of Indiana, and Zarko Sekerez, Proposed Intervenor v. United States Steel Corporation

STEVENS, Circuit Judge.

Appellant, a private citizen, asks us to reverse an order denying his motion to intervene in a common law public nuisance action brought by the Stream Pollution Control Board of the State of Indiana against U. S. Steel Corporation. The questions presented are (1) whether the federal district court has jurisdiction of the underlying nonstatutory claim and, if so, (2) whether appellant has a statutory right to intervene pursuant to § 505(b)(1)(B) of the Federal Water Pollution Control Act Amendments of 1972. 1

The Board’s amended complaint invokes the district court’s…