ELR Citation: 42 ELR 20081
No(s). 09cv2233 (S.D. Cal. Apr 6, 2012) (Battaglia, J.)

A district court dismissed California's suit against DOI challenging its approval of the Colorado River Water Delivery Agreement under NEPA and the CAA. The state alleged that DOI failed to comply with the two statutes prior to approving it and sought an order immediately ceasing water deliveries under the agreement. But the state lacks standing. The state's injuries are to the public at large rather to any concrete or particularized interest. Nor can it demonstrate standing by recharacterizing its claim as an enforcement action rather than a review of final agency action. And even if the state had standing, its NEPA claims are without merit. The court, therefore, upheld DOI's approval of the agreement.