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Eden Environmental Citizen's Group LLC v. Laptalo Enterprises, Inc.

ELR Citation: 49 ELR 20040
Nos. 18-cv-05544-YGR, (N.D. Cal., 03/14/2019) (Rogers, J.)

A district court denied a manufacturing company's motion to dismiss a CWA lawsuit alleging that the company improperly stored and disposed of industrial waste at its sheet metal manufacturing facility. The company argued that an environmental group did not have standing to sue because it failed to name a member of its organization that was being harmed by the company's actions. But the court found that the group provided a statement indicating that one of its current members had suffered, and continued to suffer, a concrete injury traceable to the company's alleged activity at the facility, and thus had standing in his own right. The court therefore denied the company's motion to dismiss.