ELR Citation: ELR 20494
No(s). s. 91-1257, -1269 (1st Cir. Nov 25, 1991)

The court holds that two environmental organizations are not entitled to an order directing the Administrator of the U.S. Environmental Protection Agency (EPA) to determine whether approximately 840 federal waste sites should be included on the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) national priorities list (NPL). The environmental organizations brought suit under the citizen suit provision of CERCLA, seeking compliance with CERCLA §120(d), which requires the EPA Administrator to include on the NPL those federal facilities that manage hazardous waste or have a potential hazardous waste problem. The court holds that 10 individual members of the organizations have standing to seek review and possible inclusion on the NPL of 10 federal facilities near which they reside, work, or carry out recreational activities. The court holds that the 10 members' interests in other federal facilities are merely claims of concerned bystanders; their affidavits do not demonstrate particularized harm warranting nationwide injunctive relief.

[The district court's decision is published at 20 ELR 21394.]

Counsel for Defendant-Appellant
Anne S. Almy, John A. Bryson, W. Christian Schumann
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Wayne A. Budd, U.S. Attorney; George B. Henderson, Ass't U.S. Attorney
1107 John W. McCormack Federal Bldg., U.S. P.O. & Courthouse, Boston MA 02109
(617) 223-9400

Counsel for Plaintiffs-Appellees
Stephen H. Burrington
Conservation Law Foundation of New England, Inc.
3 Joy St., Boston MA 02108
(617) 742-2540

Before TORRUELLA, Circuit Judge, BOWNES and HILL,^* Senior Circuit Judges.