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American Motorcycle Ass'n v. Council on Environmental Quality

Citation: 11 ELR 20727
No. No. 80-3243, 520 F. Supp. 464/16 ERC 1182/(D.D.C., 06/05/1981)

The court rules that plaintiff lacks standing to challenge the publication of a Council on Environmental Quality (CEQ) report regarding off road vehicle (ORV) use on public lands. Plaintiff challengedthe procurement of the report, arguing that its members were deprived of the opportunity to bid for the contract and that their interest in the use of the public lands was threatened by the report's distribution. The court determines that plaintiff does not have standing because it alleged neither that it has suffered economic injury from CEQ's failure to notify the public of the contract or that its members are in the business of making such reports. There has also been no showing that plaintiff's alleged injuries would be redressed by a recall of the report or a prohibition against sole-source procurement. Nor has plaintiff established a causal connection between the claimed injury and the distribution of the report since it is unlikely that the public lands will be closed to ORVs as a direct result of the report. Finally, even if plaintiff had standing, the case presents a nonjusticiable political question.

Counsel for Plaintiff
F. Eugene Wirwahn
Cook, Purcell, Hansen & Henderson
1015 18th St. NW, Suite 1100, Washington DC 20036
(202) 659-1050

Counsel for Defendants
Theodore Grossman, Sandra M. Schraibman
Civil Division
Department of Justice, Washington DC 20530
(202) 633-2336