ELR Citation: ELR 20834
No(s). 73-154-AAH (C.D. Cal. Sep 7, 1973)

Plaintiffs, a California congressman and the city of Los Angeles, lack standing to challenge the EPA Administrator's refusal to allot all sums authorized to be appropriated under the Federal Water Pollution Control Act Amendments of 1972, as they have failed to show any actual injury to their interests. The congressman's attempt to bring a class action must fail, as the FWPCA permits a plaintiff to sue only "on his own behalf." If the court were to proceed to a decision on the merits, it would find for the defendant, despite a number of court decisions holding impoundment of funds under the FWPCA to be illegal. A House-Senate conference committee's deletion of the word "all" from the sentence, "All sums authorized to be allotted . . . shall be allotted by the Administrator not later than . . . January 1," shows Congress' intent to allow impoundments. See Comment, Administration Wins First Victory on Impoundment Issue, 3 ELR 10168 (Nov. 1973).

Counsel for Plaintiffs
Terrance Goggin
Thorpe, Sullivan, Glinnin & Workman
458 S. Spring Street
Los Angeles, CA 90013

Frank Wagner Deputy City Attorney
21st Floor - City Hall
Los Angeles, CA 90012

Counsel for Defendant
James R. Dooley Asst. U.S. Attorney
1100 U.S. Courthouse
Los Angeles, CA 90012

Harlington Wood Deputy Attorney General
Department of Justice
Washington, DC 20530