In plaintiff's suit against the defendant for violations of the National Environmental Policy Act of 1969 (NEPA) in land development near a reservoir and the environmental impact of increased boating on, and community use of, reservoir water, dismissal of the case without prejudice is affirmed as plaintiff failed to demonstrate standing to bring its claim alleging ongoing harm to its members' aesthetic and recreational enjoyment of the reservoir.
Argued: June 17, 2009
Decided and Filed: November 6, 2009
Opinion by Circuit Judge Keith
For Appellant: Gregory D, Buppert, Dodson Parker Behem & Capparella, PC., Nashville, Tennessee.
For Appellee: Elizabeth P. McCarter, Office of the Tennessee Attorney General, Nashville, Tennessee.