32 ELR 20535 -- United States Public Interest Research Group v. Heritage Salmon, Inc.

United States Public Interest Research Group v. Heritage Salmon, Inc.

No. 00-150-B-C (UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE February 19, 2002)

ELR Digest

The court holds that individuals who are members of an environmental group have standing to bring a Clean Water Act (CWA) citizen suit against a salmon farmer for the illegal discharge of pollutants into water. The court first holds that the individuals provide sufficient averments to satisfy the injury-in-fact requirement. They all described how concern over discharges from the farmer's operations has caused them to reduce the amount of fish and shellfish from the bay that they consume. Additionally, the court holds that the individuals' concerns about the consumption of shellfish and other food from the bay as a result of discharges from the farms are fairly traceable to the farmer's conduct. Finally, the court holds that an order enjoining unlicensed discharges from the farmer's operation and/or penalizing the farmer for ongoing violation of the CWA would provide a meaningful remedy for the injuries attested to by the individuals. The court, therefore, denies the farmer's motion for summary judgment insofar as it seeks dismissal of the individuals' suit based on lack of standing.

The full text of this decision is available from ELR (19 pp., ELR Order No. L-470).

Counsel for Plaintiffs
Bruce M. Merrill
Law Offices of Bruce M. Merrill
225 Commercial St., Ste. 401, Portland ME 04101
(207) 775-3333

Counsel for Defendant
Michael A. Nelson
Jensen, Baird, Gardner & Henry
10 Free St., Portland ME 04112
(207) 775-7271

[OPINION OMITTED BY PUBLISHER IN ORIGINAL SOURCE]