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Code of Federal Regulations Title 40. Protection of Environment § 40.239.9 Intervention in civil enforcement proceedings

Current as of January 02, 2025 | Updated by Findlaw Staff

Any state seeking approval must provide for intervention in the state civil enforcement process by providing either:

(a) Authority that allows intervention, as a right, in any civil action to obtain remedies specified in § 239.8 by any citizen having an interest that is or may be adversely affected;  or,

(b) Assurance by the appropriate state agency that:

(1) It will provide notice and opportunity for public involvement in all proposed settlements of civil enforcement actions (except where immediate action is necessary to adequately protect human health and the environment);  and,

(2) It will investigate and provide responses to citizen complaints about violations;  and,

(3) It will not oppose citizen intervention when permissive intervention is allowed by statute, rule, or regulation.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 40. Protection of Environment § 40.239.9 Intervention in civil enforcement proceedings - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-40-protection-of-environment/cfr-sect-40-239-9/

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