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Fair v. EPA

ELR Citation: 16 ELR 20864
Nos. No. 85-1882, 795 F.2d 851/24 ERC 1905/(9th Cir., 07/29/1986)

The court holds that payment for sewer services is sufficient to establish standing in a challenge to Environmental Protection Agency grant funding for local sewer construction under the Federal Water Pollution Control Act (FWPCA), but the action is moot once the sewer has been completed. The court first holds that local residents and users of sewer service have established standing under Article III of the United States Constitution. The court holds that pecuniary injury the plaintiffs allegedly suffered as a result of charges assessed to finance the sewer's construction satisfies Article III's injury-in-fact requirement. The court also holds that this injury falls within the zone of interests protected by the FWPCA. The court then holds, however, that the case is moot. Although 30 percent of the grant funds remain to be disbursed, plaintiffs would not obtain any relief if the remaining grant funds were withheld. Their interests are in the particular sewer to be built, which is complete, rather than the source of its funding.

Counsel for Plaintiffs-Appellants
Kent B. Seitzinger
8146 Greenback Lane, #109, Fair Oaks CA 95628
(916) 969-5255

Counsel for Defendants-Appellees
J. Carol Williams
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2757

Before Alarcon and Wiggins, JJ.