ELR Citation: 51 ELR 20125
No(s). 18-3644 (7th Cir. Jun 28, 2021)

The Seventh Circuit affirmed dismissal of a CWA citizen suit brought against the owner of a coal-fired power plant in Illinois. An environmental group argued the owner violated the CWA by discharging coal ash pollutants from its plant into groundwater that in turn entered the Middle Fork of the Vermilion River. The district court held that the CWA did not cover the groundwater discharges, and dismissed the suit for lack of jurisdiction. The appellate court found the group failed to show that at least one of its members had standing, and therefore affirmed dismissal.