Higginbotham v. Barrett

ELR Citation: ELR 20151
No(s). 72-1526 (5th Cir. Feb 14, 1973)

In holding that a private party does not have standing to sue public officials under the Water Pollution Control Act, the court relies on the dual test of Association of Data Processing Service Organizations v. Camp, 397 U.S. 150 (1970). The appellants meet the first requirement because "the challenged action has caused them injury-in-fact." They fail to meet the second part of the test, however, because the interest they advance is not "arguably within the zone of interests to be protected by the relevant statute."

Counsel for Plaintiffs
Moreton Rolleston, Jr.
2604 First National Bank Building
Atlanta, GA 30303

Counsel for Defendants
Glen R. Goodsell
Land and Natural Resources Division
Department of Justice
Washington, DC 20530

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