· 10/30/2000
Ecological Rights Foundation Mateel Environmental Justice Foundation v. Pacific Lumber Company
Citations
- 230 F.3d 1141
- 31 Envtl. L. Rep. (Envtl. Law Inst.) 20246
- 2000 Cal. Daily Op. Serv. 8692
- 2000 Daily Journal DAR 11526
- 51 ERC (BNA) 1545
- 2000 U.S. App. LEXIS 27043
- 2000 WL 1610345
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- discussing that aesthetic and recreational use varies from person-to-person and rejecting a “mechanistic” approach to environmental injury
- finding that “the Clean Water Act allows citizen suits based on violations of any conditions of an NPDES permit, even those which are purely procedural”
- finding that “the Clean Water Act allows citizen suits based on violations of any conditions of an NPDES permit, even those which are purely procedural”
- observing that plaintiffs who “failed to show any tangible, continuing connection to any particular location affected by the challenged decision” have been found to lack standing
- explaining that an individual can establish injury in fact in the context of environmental cases by showing a sufficient level of \connection to the area of concern\ like \daily geographical proximity\
- holding organization had standing to sue 18 where members “use[d] the affected area and are persons for whom the aesthetic and 19 recreational values of the area will be lessened by the challenged activity”
Source: CourtListener parenthetical corpus (CC0).
Judges: Boochever, Trott, Berzon
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.