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· 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 CourtListener

Sourced 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.