ELR Citation: ELR 20929
No(s). 93-1479 (E.D. La. Jan 12, 1994)

The court holds that a community organization and individuals suing the state of Louisiana officials to make them comply with provisions of the Lead Contamination Control Act (LCCA), which is incorporated in the Safe Drinking Water Act (SDWA), by distributing to state schools a list of water coolers that are not lead free and adopting a remediation program, complied with the SDWA's notice requirements, and the organization had representational standing to sue on behalf of its members, some of whom had children in the schools. The court holds that the plaintiffs' 60-day notice letter complies with the regulatory requirements of 40 C.F.R. §135.12. Although plaintiffs did not comply with particular aspects of the notice requirements, their notice letter adequately explained the defendants' failures, and defendants had more than enough information to identify the LCCA requirements allegedly violated. Moreover, the plaintiffs did not add to their complaint any requirement violations that the letter did not address, the letter accurately identifies the dates and locations of the alleged violations, and plaintiffs adequately served notice. The court also holds that the organization has standing to sue under the doctrine of organizational standing, because its members would otherwise have standing to sue in their own right. The state's failure to comply with the LCCA causes plaintiffs to suffer actual or imminent injury insofar as any such failure increases the risk that their children will be exposed to lead.

Counsel for Plaintiff
Nathalie M. Walker, Robert B. Wiygul
Sierra Club Legal Defense Fund
400 Magazine St., Ste. 401, New Orleans LA 70130
(504) 522-1394

Counsel for Defendant
Emile C. Rolfs III, William F. Ridlon II
Breazeale, Sachse & Wilson
201 St. Charles Ave., Ste. 4214, New Orleans LA 70170
(504) 582-1170