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Blue Eco Legal Council

The Short Version

I represent an environmental group and we filed suit against the FBI and Coast Guard for systematically polluting our drinking water by shooting millions of rounds of lead bullets into Lake Michigan and the other Great Lakes. All the evidence supported our claims and on the eve of victory the judge handed us defeat by stating we have no standing to sue for this lead in our drinking water. The 7th Circuit upheld our dismissal. 

 

The Rest of the Story

The Blue Eco Legal Council is an environmental group formed to address the issue of Great Lakes pollution caused by federal facilities not adhering to the environmental laws. As hard as it is to believe, the Executive Branch of government often does not follow the same laws it enforces against industry. And because the Executive Branch is violating the laws, it naturally follows that it is failing to enforce the law against itself. The system of checks and balances therefore breaks down.


I have donated hundreds of hours of legal services for Blue Eco to litigate against federal polluters in court. In the most recent case, the FBI and Coast Guard continued to discharge lead bullets into the Great Lakes in violation of several laws until we made them stop with our lawsuit. We went to court and proved everything that we claimed; but before reaching the merits, Judge Guzman dismissed our suit declaring we lack standing to sue under the citizen suit provision of the Clean Water Act because we have not proved sufficient harm from the lead in our water supply.


I think the Court interfered with the right of Congress to empower citizen suits against the Executive for all violations by raising the standing standard above what is a violation of the statute. The Judiciary should not set the bar higher than Congress set it.


 

   

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