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Tanner v. Armco Steel Corp.

ELR Citation: 2 ELR 20246
Nos. No. 71-H-1232, 340 F. Supp. 532/3 ERC 1968/(S.D. Tex., 03/08/1972)

A wide-ranging complaint claiming damages of $5 million from corporations located along the Houston Ship Channel for permitting air pollution that caused the plaintiff and his family to suffer pulmonary damage is dismissed for failure to state a cause of action. A claim based on the Constitution "in its entirety" is insufficient pleading. A Fifth Amendment due process claim fails because no sufficient federal or state action is shown. A Ninth Amendment claim fails since that Amendment embodies no legal right to a healthful environment. A Fourteenth Amendment claim fails since no constitutional deprivation may be found and it would be inappropriate for a court to create environmental standards. A NEPA claim fails since no private right of damages exists under NEPA nor are substantive rights created by the Act.

Counsel for Plaintiffs
L.A. Greene Jr.
Bank of the Southwest Building
Houston, TX 77002

Counsel for Defendants
B.D. McKinney
Baker & Botts
1600 Esperson Bldg.
Houston, TX 77002

Charles L. Chester
Andrews, Kurth, Campbell & Jones
Humble Bldg.—25th Floor
Houston, TX 77002

William Key Wilde
Bracewell & Patterson
1808 First City National Bank Bldg.
Houston, TX 77002