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Sierra Club v. SCM Corp.

Citation: 14 ELR 20260
No. No. CIV-82-1076T, 580 F. Supp. 862/20 ERC 1742/(W.D.N.Y., 03/01/1984) Dismissed for lack of standing

The court rules that to have standing under the § 505 citizen suit provision of the Federal Water Pollution Control Act, a plaintiff must demonstrate a more specific injury in fact than mere concern about pollution or residence near a polluter. The court first rules that Congress did not eliminate the injury-in-fact requirement for § 505 suits. The court then holds that plaintiff has failed to present factual support for any specific injury alleged in the complaint and therefore dismisses the complaint.

[An earlier opinion in this case is published at 14 ELR 20183 — Ed.]

Counsel are listed at 14 ELR 20183.