United States DC Circuit

Petition challenging an Environmental Protection Agency (EPA) rule allowing the director of an approved state landfill to grant variances from EPA criteria for sanitary landfills is dismissed where plaintiff lacks the associational standing to bring suit as no member was injured or is about to be injured by the rule.

Appellate Information

• Decided 11/18/2005
• Published 11/18/2005

Judges

• Before:  GINSBURG, Chief Judge, and BROWN and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Kira E. Loehr argued the cause for petitioner.   With her on the briefs was Lee Cullen.


• For Appellees:
  
• Thomas A. Lorenzen, Attorney, U.S. Department of Justice, argued the cause for respondents.   On the brief were John C. Cruden, Assistant Attorney General, and Ammie Roseman-Orr, Attorney., Barry S. Shanoff and David S. Biderman were on the brief for amicus curiae National Solid Wastes Management Association, et al. in support of respondent.