ELR Citation: ELR 20038
No(s). 08-4986 (E.D. La. Feb 3, 2010)

A district court granted in part and denied in part an environmental group’s motion for partial summary judgment on issues of standing and liability related to a refinery’s alleged violations of emission limitations set by the Louisiana Department of Environmental Quality pursuant to its authority under the CAA. As a threshold matter, the court held that the environmental group had associational standing to pursue the lawsuit. First, its members would have standing to pursue the lawsuit in their own right since members demonstrated (1) a cognizable injury by showing that the foul odors from the refinery had diminished their use and enjoyment of their property; (2) the refinery’s emissions contributed to the foul odors; and (3) their injuries could be redressed through the lawsuit. Second, the lawsuit sought to promote interests germane to the group’s purpose. Corporate formalities and formal membership structure are not required to show associational standing. Third, since the relief sought did not require members to submit individualized proof of damages, the lawsuit did not require participation of individual group members. On the merits, the court held that the refinery was liable for 21 of the 24 emission violations. For these violations, the refinery had filed an unauthorized discharge notification report admitting the discharges occurred and were preventable, thereby precluding any “malfunction” defense. The court held, however, that there was a genuine issue of material fact as to whether three of the emission violations met the regulatory requirements for the “malfunction” defense and, as such, summary judgment could not be granted for these violations.