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Ecological Rights Foundation v. Pacific Lumber Co., 230 F.3d 1141 (2000)
51 ERC 1545, 31 Envtl. L. Rep. 20,246, 00 Cal. Daily Op. Serv. 8692...
230 F.3d 1141 U.S.C.A. § 1365.
United States Court of Appeals,
4 Cases that cite this headnote
Ninth Circuit.
[2] Federal Courts
ECOLOGICAL RIGHTS FOUNDATION; Mateel Standing
Environmental Justice Foundation,
Plaintiffs–Appellants, Court of Appeals determines de novo whether
v. plaintiffs have standing under Article III to
PACIFIC LUMBER COMPANY, proceed to the merits of their lawsuit. U.S.C.A.
Defendant–Appellee. Const. Art. 3, § 2, cl. 1.
No. 99–17076. | Argued and Submitted Aug. 8, 2000 Cases that cite this headnote
| Filed Oct. 30, 2000
[3] Associations
Environmental groups brought action against logging Actions by or Against Associations
company for violations of Clean Water Act (CWA). The
United States District Court for the Northern District of An organization has standing to bring suit on
California, Marilyn Hall Patel, J., 61 F.Supp.2d 1042, behalf of its members when: (1) its members
granted summary judgment for company on ground that would otherwise have standing to sue in their
groups lacked standing, and groups appealed. The Court own right; (2) the interests it seeks to protect are
of Appeals, Berzon, Circuit Judge, held that: (1) groups germane to the organization’s purposes; and (3)
had standing because individual members of groups neither the claim asserted nor the relief
alleged sufficient injury in fact to bring suit against requested requires the participation of individual
company in their own right; (2) members demonstrated members in the lawsuit.
sufficient causal connection between alleged injury and
company’s conduct to support standing; (3) issuance of 15 Cases that cite this headnote
new National Pollution Discharge Elimination System
(NPDES) permit did not render action moot; and (4)
alleged inadequacy of pre-suit notice letter for one of
company’s facilities did not warrant dismissal absent
allegation that letter for second facility at issue was also
deficient.
Reversed and remanded.
West Headnotes (16) [4] Federal Civil Procedure
In general; injury or interest
[1] Environmental Law
Persons Entitled to Sue or Seek Review; Federal Civil Procedure
Causation; redressability
Standing
Individual members of an organization have
Citizen suit provision of the Clean Water Act standing to bring suit in their own right under
(CWA) extends standing to the outer boundaries Article III if they have suffered an injury in fact
set by the case or controversy requirement of that is (1) concrete and particularized and (2)
Article III of the Constitution. U.S.C.A. Const. actual and imminent, not conjectural or
Art. 3, § 2, cl. 1; Federal Water Pollution hypothetical; the injury is fairly traceable to the
Control Act Amendments of 1972, § 505, 33 challenged action of the defendant; and it is
likely, as opposed to merely speculative, that the
injury will be redressed by a favorable decision.
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