Prairie Rivers Network v. Dynegy Midwest Generation, LLC

Federal 7th Circuit Court
Civil Court
Standing
Citation
Case Number: 
No. 18-3644
Decision Date: 
June 28, 2021
Federal District: 
C.D. Ill.
Holding: 
Affirmed

Plaintiff-non-profit organization that advocates for clean water and healthy rivers, lacked association standing to proceed on its Clean Water Act claim against defendant, even though plaintiff asserted that defendant illegally discharged through its retention ponds, coal ash pollutants into ground water, which eventually traveled to Middle Fork of Vermilion River. While plaintiff alleged that unidentified members of its association lived near, worked and recreated near Middle Fork of Vermilion River, plaintiff failed to establish its standing to assert instant claim, since it failed to identify at least one member who had standing to bring instant lawsuit. Moreover, plaintiff failed to allege how alleged discharges would have harmed one of its members individually. Also, under plausibility framework for instant facial challenge, plaintiff’s associational standing allegations amounted to impermissible speculation regarding generalized harm to environment. Too, Ct. of Appeals held that it could not look to supplemental affidavits from association members that plaintiff filed with instant appeal that attempted to cure instant standing problem, where said affidavits had not been filed in Dist. Ct. and were filed after Dist. Ct. had rendered its decision. Accordingly, plaintiffs only remedy was to file new complaint to fix instant standing error.