Appeals court grants standing for challenges to impaired water listing
David Smith
Siskiyou Daily News
02/11/2011
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.
The appeals court decision notes that three elements must be satisfied to establish standing, including concrete and particularized and actual or imminent harm to a legally protected interest, a causal connection with another party’s conduct and the ability for the court to redress the harm.
Barnum had submitted two declarations that property value had been reduced and had argued that “‘the Section 303(d) listing has reduced the value of Barnum’s property by feeding the public’s and the market’s perception that Barnum’s timber operations are restricted by the listing,’” according to the decision.
