Jump to Navigation
Jump to Content

Puget Soundkeeper Alliance v. Wheeler

ELR Citation: 49 ELR 20190
Nos. C15-1342-JCC, (W.D. Wash., 11/25/2019) (Coughenour, J.)

A district court held that environmental groups lacked standing in their challenge to EPA's exclusion of certain waste treatment systems from the definition of navigable waters under the CWA. The groups argued that they had representational standing to challenge the exclusion, relying on declarations by two of their members that alleged harm caused by local mines due to the exclusion. The court disagreed, finding that neither of the members had alleged injuries in fact that could be fairly traced to the Agency's exclusion. The groups also argued that they had organizational standing, but they again failed to show that they had suffered an injury in fact that was attributable to the exclusion. The court therefore denied summary judgment for lack of standing.