Nonprofit Could File Suit Under CWA

Abstract

The Friends of the Earth Inc. (FOE) is a nonprofit corporation organized under the laws of the District of Columbia to promote a broad agenda of environmental awareness and improvement projects. FOE did not have any members under the laws of the District of Columbia. The Chevron Chemical Co. manufactures polyethylene in its facility in Orange, Texas. Under its National Pollution Discharge Elimination System (NPDES) permit, Chevron discharges process water into a gully that ultimately enters Sabine Lake. The permit includes mass limitations on the amount of total suspended solids (TsS) that Chevron can discharge. Between 1990 and 1994, Chevron exceeded its TSS limits. FOE filed a private civil enforcement suit against Chevron pursuant to the Clean Water Act (CWA) alleging permit violations. FOE asserted that it represented its members, four of whom had allegedly been injured by Chevron's discharges. Chevron sought to have the suit dismissed because FOE had no legal members under the corporate laws of the District of Columbia. The trial court dismissed FOE's suit. The appellate court said that the suit could proceed if one or more FOE members would have the right to sue on his or her own. The court noted that FOE has a clearly articulated and understandable membership structure and that purported members had the “indicia of membership” in the corporation, so the corporation had associational standing to represent them. The court also said that this suit was clearly within FOE's central purpose and thus within the scope of reasons individuals joined the organization. The trial court decision was reversed.