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Center for Biological Diversity v. United States Environmental Protection Agency

ELR Citation: 49 ELR 20144
Nos. No. 18-60102, (5th Cir., 08/30/2019)

The Fifth Circuit dismissed environmental groups' challenge to EPA's issuance of a CWA general permit authorizing discharges from oil and gas facilities operating in the Gulf of Mexico. Environmental groups argued that EPA violated NEPA by failing to prepare an adequate EIS before issuing the permit, and the CWA by omitting certain monitoring requirements from the permit. But the court found that the groups lacked standing because they failed to show that any of their members would suffer an injury-in-fact from the authorized discharges. It therefore dismissed the suit.