Sierra Club, Plaintiff-Appellant-Cross-Appellee v. Scm Corporation, Defendant-Appellee-Cross-Appellant

KEARSE, Circuit Judge:

Plaintiff Sierra Club (“Sierra”) appeals from a judgment of the United States District Court for the Western District of New York, Michael A. Telesca, Judge, dismissing for lack of standing its suit against defendant' SCM Corporation (“SCM”) for discharge of excessive pollutants into a tributary of Wolcott Creek in Wolcott, New York, in violation of the Clean Water Act, 33 U.S.C. §§ 1251-1376 (1982) (the “Act”). In an opinion reported at 580 F.Supp. 862 (1984), the court held that Sierra lacked standing to bring suit under § 505 of the Act, 33 U.S.C. § 1365, because…