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FRIENDS OF THE EARTH v. CROWN CENT. PETROLEUM

No. 95-40835.

95 F.3d 358 (1996)

FRIENDS OF THE EARTH, INC., Plaintiff-Appellant, v. CROWN CENTRAL PETROLEUM CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 3, 1996.

Attorney(s) appearing for the Case

Bruce Jerome Terris, David Gabriel Bookbinder, Terris, Pravlik & Wagner, Washington, DC, for plaintiff-appellant.

Louis S. Zimmerman, Marcy Hogan Greer, Bruce Allen Morris, Fulbright & Jaworski, Austin, TX, M. Michael Meyer, Bayko, Gibson, Carnegie, Hagan, Schoonmaker & Meyer, Houston, TX, for defendant-appellee.

Before PATRICK E. HIGGINBOTHAM, WIENER and PARKER, Circuit Judges.

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.

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