Judge says court reached different opinions on standing because it 'clearly misapplied the evidentiary standard'

摘要

U.S. Magistrate Judge Robert C. Mitchell of the Western District of Pennsylvania denied on Nov. 29 RR1 Energy Inc.'s motion for interlocutory appeal of a decision which held that uncontested allegations of "traceability" established standing for two environmental groups. (See issue of Nov. 15,2010 Pages 5 and 35.) PennEnvionment and Sierra Club brought Clean Water Act claims against RRI Energy with respect to wastewater discharges from the Conemaugh Generation Station in Indiana County. The judge found RRl's argument that there are substantial grounds for difference of opinion on the issue of standing in two decisions in the case was unpersuasive.