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Docket No. 86160-Agenda 13-March 1999.

JOSEPH M. GLISSON, Appellee, v. THE CITY OF MARION et al., Appellants.

Opinion filed October 21, 1999.

JUSTICE BILANDIC delivered the opinion of the court:

Plaintiff, Joseph M. Glisson, filed a complaint for declaratory and injunctive relief in the circuit court of WilliamsonCounty against defendants, the City of Marion, Illinois, and its mayor, Robert Butler. Plaintiff's complaint sought adeclaration that defendants' construction of a dam and reservoir on Sugar Creek, located in Williamson and JohnsonCounties of Illinois, violates the Illinois Endangered Species Protection Act (520 ILCS 10/1 et seq. (West 1998)). Thecomplaint alleged, inter alia, that the project will destroy the habitat for two species that Illinois lists as threatened andendangered, resulting in the elimination of those species from the area in violation of the Act. Plaintiff also sought to enjoindefendants from constructing such a project on Sugar Creek. The circuit court granted defendants' motion to dismissplaintiff's complaint for lack of standing. The appellate court reversed, holding that plaintiff has standing to pursue anaction against defendants. 297 Ill. App. 3d 841. Defendants filed a petition for leave to appeal, which this court allowed.177 Ill. 2d R. 315. We also allowed the Sierra Club, Defenders of Wildlife, and the Environmental Law and Policy Centerof the Midwest leave to file a joint brief as amici curiae in support of plaintiff. 155 Ill. 2d R. 345. For the reasons thatfollow, we reverse the judgment of the appellate court and conclude that plaintiff lacks standing to bring this action againstdefendants.

BACKGROUND

The City of Marion has a water supply problem. In the past, the City has drawn most of its water from Marion City Lake.The City's requirement of 1.7 million gallons per day of water far exceeds Marion City Lake's capacity of 1.1 milliongallons per day. Furthermore, the raw water from Marion City Lake is of poor quality, requiring substantial chemicaltreatment to render it suitable for human consumption. The City proposed to solve its shortage of water by constructing adam and reservoir on Sugar Creek, located approximately seven miles southeast of Marion. The result would be a lake thatis approximately 2,500 feet wide and 20,000 feet long, and a reservoir that is capable of supplying 8.9 million gallons ofwater per day.

Because Sugar Creek is a navigable water of the United States, the City was required to obtain a permit pursuant to section404 of the Clean Water Act of 1977 (33 U.S.C.