Appeals court grants standing for challenges to impaired water listing
By David Smith, Siskiyou Daily News, Feb 11, 2011 [here]
California — The United States Court of Appeals for the Ninth Circuit has handed down a ruling that declares that landowners whose property values have been adversely impacted by the listing of impaired waters under the Clean Water Act can have standing to challenge those listings in court.
The ruling, filed Feb. 3, concerns the case (Barnum Timber Company v. United States Environmental Protection Agency), in which Barnum challenged the EPA’s listing of Redwood Creek as impaired.
According to the decision, the district court that originally heard the case denied Barnum’s suit, declaring that the company had lacked standing to bring the case against the EPA. …
By disagreeing with the lower court, the appeals court reversed the ruling and found that Barnum does have standing to challenge the EPA’s listing and ordered that the suit be heard by the district court. … [more]