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Louisiana Envtl. Action Network v. McDaniel

ELR Citation: 37 ELR 20237
Nos. No. 06-4161, (E.D. La., 09/05/2007)

A district court dismissed environmental groups' claims that emergency orders issued by the state of Louisiana following Hurricanes Katrina and Rita conflict with and/or are preempted by the Resource Conservation and Recovery Act (RCRA), the Clean Water Act (CWA), and the Clean Air Act (CAA). The orders altered existing state regulations for the disposal of solid waste at certain landfills. The court ruled that the groups lacked standing. While the orders present a live controversy with respect to six landfills, the groups failed to show that they have suffered injuries as a result of activities at these facilities. The groups have established that they find the sights and smells of landfills offensive, but they have not alleged that their injuries are a result of activities that violate RCRA, the CWA, and the CAA.