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National Wildlife Fed'n v. Laubscher

Citation: 17 ELR 20892
No. No. G-86-37, 662 F. Supp. 548/26 ERC 1071/(S.D. Tex., 05/26/1987) District court's ruling on jurisdiction, standing

The court holds that several conservation organizations do not have standing to bring an action against the Environmental Protection Agency (EPA) and the Corps of Engineers to compel them to assert jurisdiction under the Federal Water Pollution Control Act over isolated wetlands. The court first declares that Pond 12, a small, isolated pond in south Texas visited by migratory birds, is a wetland within the jurisdiction of the two agencies. The court then holds that plaintiffs do not have standing to seek to compel EPA and the Corps to assert jurisdiction over all wetlands that meet the scientific, regulatory definition of wetlands without regard to their affect on interstate commerce. The court holds that the issue is reviewable by the court and is not an issue of discretionary nonenforcement. Finally, the court declines to require the nonfederal defendants to undertake restoration procedures and pay fines when EPA and the Corps have declined to undertake enforcement proceedings.

[A related decision appears at 17 ELR 20891.]

Counsel are listed at 17 ELR 20891.