El Segundo Loses Bid to Intervene in Hyperion Decree

A federal judge has denied a motion by El Segundo to intervene in the 1987 consent decree that has led to a major long-term expansion project at the Hyperion Sewage Treatment Plant. The work is necessary for Hyperion to comply with the decree’s requirement that the plant achieve full secondary sewage treatment by 1998.

Officials in El Segundo, which borders Hyperion, fear that the expansion will cause environmental and health problems for residents. The city sought to become a party to the decree so it could participate fully in court decisions made about the project. But federal Judge Harry Pregerson, who is supervising the consent decree, ruled that the intervention was not timely because the Hyperion case began in 1977.

Pregerson, however, granted the city “friend of the court” status, which permits it to bring concerns about Hyperion to the court’s attention. However, the city may not make motions in the case.

In its request to intervene, which Pregerson ruled on without oral argument, the city contended the action was proper because El Segundo did not learn the extent of the Hyperion expansion until last year. El Segundo’s request was opposed by the city of Los Angeles, which is a party to the consent decree along with state and federal environmental agencies.

“We are very pleased the city will have a voice in the proceedings, although we think we should have a stronger voice,” said City Atty. Leland Dolley.

But John Haggarty, a deputy Los Angeles city attorney, agreed with the court. “There already is a judgment. Nothing is to be served by (El Segundo) coming in now,” he said.