Legal Opinion

Friends of the Earth, Inc. v. Crown Central Petroleum Corporation

Court of Appeals for the Fifth Circuit

Decided October 3, 1996No. 95-40835PublishedCited by 76 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This case presents the question whether an organization whose membership includes individuals who birdwatch and fish at a lake some 18 miles and three tributaries from the source of unlawful water pollution meet the fairly traceable component of the standing doctrine to sue for violations of the Federal Water Pollution Control Act, 33 U.S.C. §§ 1251 et seq. We answer the question in the negative and affirm.

I

Crown Central Petroleum Corporation, d/b/a La Gloria Oil & Gas Co., operates an oil refinery in Tyler, Texas. Pursuant to a National Pollutant…

2Cases cited10 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
  3. United Food & Commercial Workers Union Local 751 v. Brown Group, Inc.Supreme Court of the United States · 1996
  4. Sierra Club, Lone Star Chapter, Plaintiff-Counter v. Cedar Point Oil Company Inc., Defendant-Counter Claimant-Appellant. Sierra Club, Lone Star Chapter, Plaintiff-Counter v. Cedar Point Oil Company Inc., Defendant-Counter Claimant-AppelleeCourt of Appeals for the Fifth Circuit · 1996
  5. Sierra Club v. Simkins Industries, Inc.Court of Appeals for the Fourth Circuit · 1988

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3Cited by76 opinions

  1. Friends of the Earth, Inc. v. Gaston Copper Recycling Corp.Court of Appeals for the Fourth Circuit · 2000
  2. American Canoe Association, Incorporated Sierra Club v. City of Louisa Water & Sewer Commission Louisa Water Treatment Plant City of Louisa, KentuckyCourt of Appeals for the Sixth Circuit · 2004
  3. Texas Independent Producers and Royalty Owners Association v. Environmental Protection AgencyCourt of Appeals for the Seventh Circuit · 2005
  4. Texans United for a Safe Economy Education Fund v. Crown Central Petroleum Corp.Court of Appeals for the Fifth Circuit · 2000
  5. Public Interest Research Group of New Jersey, Inc. v. Magnesium Elektron, Inc.Court of Appeals for the Third Circuit · 1997

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