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Gonzales v. Gorsuch

ELR Citation: 13 ELR 20072
Nos. No. 78-3729, 688 F.2d 1263/17 ERC 2147/(9th Cir., 09/28/1982)

The court rules that appellants lack standing to challenge the Environmental Protection Agency's approval of funds for a work plan under §208 of the Federal Water Pollution Control Act (FWPCA). In a citizen suit under §505 of the FWPCA, appellants claimed that five percent of the funds were not used for water quality improvement planning as required by §208. The court notes that appellants have sufficient personal stake in the outcome of the litigation to meet the requirements for standing under §505. However, it rules that appellants lack standing because the relief sought will not redress the alleged injuries. Appellants sought preliminary injunctive relief to enjoin expenditures of the funds but waited almost one year before pursuing the claim. By that time, most of the funds had been spent and the planning period was nearly over.

In a concurring opinion, one judge agrees with the decision of the majority but finds that it failed to distinguish the constitutional standing requirements from statutory and prudential considerations of standing.

Counsel for Appellants
Ronald A. Zumbrun
Pacific Legal Foundation
455 Capitol Mall, Suite 465, Sacramento CA 95814
(916) 444-0154

Counsel for Appellees
Francis B. Boone, Ass't U.S. Attorney
P.O. Box 36005, San Francisco CA 94102
(415) 556-1126

Irwin Karp
Office of Regional Counsel
Environmental Protection Agency, 215 Fremont St., San Francisco CA 94105
(415) 974-8030

Before WALLACE and KENNEDY, Circuit Judges, and BURNS,* District Judge.