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California Sportfishing Protection Alliance v. All Star Auto..., 860 F.Supp.2d 1144...
75 ERC 1628
would otherwise have standing to sue in their [7] Environmental Law
own right, (2) the interests it seeks to protect are Cognizable interests and injuries, in general
germane to the organization’s purpose, and (3)
neither the claim asserted nor the relief Threshold question of standing under the Clean
requested requires the participation of individual Water Act (CWA) is whether an individual can
members in the lawsuit; individual members show that she has been injured in her use of a
have standing if they can demonstrate that an particular area because of concerns about
actual or threatened injury exists, which is fairly violation of environmental laws, not whether the
traceable to the challenged action, and that such plaintiff can show there has been actual
injury is likely to be redressed by a favorable environmental harm. U.S.C.A. Const. Art. 3, §
decision. U.S.C.A. Const. Art. 3, § 2, cl. 1. 2, cl. 1; Clean Water Act, § 101 et seq., 33
U.S.C.A. § 1251 et seq.
Cases that cite this headnote
Cases that cite this headnote
[5] Declaratory Judgment [8] Environmental Law
Proper Parties Cognizable interests and injuries, in general
Injunction Causal connection between a defendant’s
Persons entitled to apply; standing activities and environmental harm put forward
for standing purposes cannot be too speculative,
When a plaintiff seeks injunctive and or rely on conjecture about the behavior of other
declaratory relief, the plaintiff, in order to parties, but need not be so airtight at pretrial
establish standing, must demonstrate that he has stage of the Clean Water Act (CWA) citizen suit
suffered or is threatened with a concrete and as to demonstrate that the plaintiffs would
particularized legal harm, coupled with a succeed on the merits. U.S.C.A. Const. Art. 3, §
significant likelihood that he will again be 2, cl. 1; Clean Water Act, § 101 et seq., 33
wronged in a similar way. U.S.C.A. Const. Art. U.S.C.A. § 1251 et seq.
3, § 2, cl. 1.
Cases that cite this headnote
Cases that cite this headnote
[6] Environmental Law [9] Environmental Law
Organizations, associations, and other groups Cognizable interests and injuries, in general
Organization, whose individual members An individual plaintiff in a Clean Water Act
submitted affidavits about their use and (CWA) case need only claim that his or her
enjoyment of river and other waters, their enjoyment of various activities on the
concerns about alleged pollution from wrecking waterways at issue is lessened due to alleged
company’s facility, and how those concerns violation of various provisions of the CWA;
were impeding their use and enjoyment of the plaintiff does not need to prove to a scientific
river and the other bodies of water, sufficiently certainty that defendants have discharged
alleged standing to bring suit under the citizen pollutants in violation of its permits in order to
suit enforcement provisions of Clean Water Act obtain standing. U.S.C.A. Const. Art. 3, § 2, cl.
(CWA). U.S.C.A. Const. Art. 3, § 2, cl. 1. 1; Clean Water Act, § 101 et seq., 33 U.S.C.A. §
1251 et seq.
Cases that cite this headnote
Cases that cite this headnote
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