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FRIENDS OF THE EARTH, INC. v. CHEVRON CHEMICAL CO.

No. 96-40590.

129 F.3d 826 (1997)

FRIENDS OF THE EARTH, INC., Plaintiff-Appellant, v. CHEVRON CHEMICAL CO., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 10, 1997.

Attorney(s) appearing for the Case

Monica B. Wagner, Bruce Jerome Terris, Terris, Pravlik & Wagner, Washington, DC, for Plaintiff-Appellant.

James E. Smith, John Eric Carlson, Beirne, Maynard & Parsons, Houston, TX, for Defendant-Appellant.

Charles Craig Caldart, National Environmental Law Center, Boston, MA, for California Public Interest Research Group, Florida Public Interest Research Group, Illinois, Massachusetts, New Jersey, Ohio and Pennsylvania Public Interest Research Groups, Public Interest Research Group in Michigan, United States Public Interest Research Group and Washington Public Interest Research Group, Amicus Curiae.

Robert T. Stewart, Patrick O. Keel, Scott King Field, Baker & Botts, Austin, TX, for Texas Ass'n of Business and Chamber of Commerce and Texas Chemical Council, Amicus Curiae.

Before REAVLEY, BARKSDALE and STEWART, Circuit Judges.

REAVLEY, Circuit Judge:

Pursuant to the citizen suit provision of the Clean Water Act, 33 U.S.C. § 1365(a), Friends of the Earth, Incorporated (FOE) sued Chevron Chemical Company for violating the terms of its National Pollution Discharge Elimination System (NPDES) permit. After a three-day bench trial, the district court dismissed the case for lack of subject matter jurisdiction on the grounds that FOE lacked associational standing because it had

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