ELR Citation: ELR 20183
No(s). 08-3857 (7th Cir. Aug 13, 2009)

The Seventh Circuit held that an environmental group lacks standing in their action against several government agencies for allowing the discharge of bullets into Lake Michigan at a U.S.-operated gun range. The group alleged that the deterioration of the lead bullets in the water harmed the environment in violation of the CWA, RCRA, CERCLA, and state nuisance law. Individual members' concern over drinking water did not provide standing because the drinking water in the area was below the environmental limit on lead pollution allowed by the city government, thereby negating any claim of harm. And their concerns over birds, fish, and wildlife were too general and did not allege any particular or specific harm that had been caused by the bullets. Because the individual members did not possess standing, the group did not possess standing on their behalf. Accordingly, the lower court properly dismissed the suit for lack of subject matter jurisdiction.