ELR Citation: ELR 20559
No(s). 98 C 50221 (N.D. Ill. Mar 19, 2002)

The court holds that a group of individuals do not have standing to bring a Clean Water Act citizen suit against a ski resort for discharging pollutants without a permit. In 1997, the resort constructed and put into use a terrain park, primarily for snowboarders, on the far side of its property, which directly faces the individuals' property. The individuals claimed that pollutants contained in the river water used to make artificial snow for the resort reaches a creek on their property. The court holds that because the individuals failed to present evidence showing any injury-in-fact to them that is traceable to the resort's alleged discharge of pollutants, they lack standing. Although the evidence shows injury from increased water runoff traceable to the addition of artificial snow, the individuals failed to point to anything that shows that they are injured by the pollutants the ski resort is allegedly discharging without a permit.

[Counsel not available at this printing.]

Reinhard, J.