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`Plaintiff,
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`STATE OF NEW HAMPSHIRE,
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`Plaintiff-Intervenor,
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`v.
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`Civil Action No. 1:20-cv-00762-SM
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`ASSENTED-TO MOTION
`OF THE STATE OF NEW
`HAMPSHIRE TO INTERVENE
`AS A PLAINTIFF
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`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW HAMPSHIRE
`__________________________________________
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`Defendant.
`__________________________________________)
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`CITY OF MANCHESTER, NEW HAMPSHIRE,
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`Pursuant to Fed. R. Civ. P. 24(a)(1) , the State of New Hampshire (“State”), acting by and
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`through the Department of Environmental Services and the New Hampshire Office of the
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`Attorney General, hereby moves for leave to intervene as a plaintiff in this action to assert the
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`claims set forth in the complaint submitted herewith.
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`In support of this motion, the State asserts as follows:
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`1. The United States of America, through the United States Attorney General at the
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`request of the Administrator of the EPA, brought an action against the City of Manchester
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`(“City”), New Hampshire, pursuant to CWA Sections 309(b) and (d), 33 U.S.C. §§ 1319(b) and
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`(d), seeking, among other things, the City’s compliance with the Clean Water Act, in relation to
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`the operation of its system to collect and treat sanitary sewage, including domestic, industrial,
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`and commercial waste waters, and its system to collect stormwater.
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`2. In a complaint submitted herewith, the State alleges the same claims against the City
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`for violations of the CWA and asserts supplemental State law claims for violations of N.H. RSA
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`ch. 485-A and the regulations promulgated thereunder. The State seeks injunctive relief and civil
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`penalties under federal and State law.
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`3. The State of New Hampshire has a significant interest in the enforcement of the
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`provisions of RSA Ch. 485-A and the protection of its surface waters.
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`4. The State of New Hampshire is entitled to intervene in this action pursuant to
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`Fed.R.CivP. 24(a) because the State has a significant interest in the transactions which are the
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`subject of this suit. Alternatively, the State of New Hampshire seeks permission to intervene in
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`this action pursuant to Fed.R.Civ.P 24 (b)(2)(B) because the questions of law and fact relating to
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`violations of the Clean Water Act and RSA Ch 485-A are essentially identical.
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`5. The State is a party to the Consent Decree lodged by the United States in this action.
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`That Consent Decree resolves all claims alleged in the Complaint submitted herewith.
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`6. Parties to this action, the City and the United States, through counsel, have assented to
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`this motion.
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`For the foregoing reasons, this Court should grant leave to the State to intervene as a
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`plaintiff in this action.
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`Date: July 23, 2020
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`Respectfully Submitted,
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`State of New Hampshire
`Department of Environmental Services
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`By its attorney,
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`GORDON J. MACDONALD
`ATTORNEY GENERAL
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`/s/ K. Allen Brooks
`Kelvin Allen Brooks (N.H. Bar# 16424)
`Senior Assistant Attorney General
`Chief, Environmental Protection Bureau
`Office of the Attorney General
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`33 Capitol Street
`Concord, New Hampshire 03301-6397
`(603) 271-1275
`allen.brooks@doj.nh.gov
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`CERTIFICATE OF SERVICE
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`I hereby certify that this document, filed through the ECF system will be sent
`electronically to the registered participants as identified on the Notice of Electronic Filing, Peter
`Kautsky, Esquire; Adam M. Dumville, Esquire and Gregory H. Smith, Esquire.
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`/s/K. Allen Brooks
`K. Allen Brooks
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`3
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