Congressional Power to Confer Broad Citizen Standing in Environmental Cases

January 1999
Citation:
29
ELR 10028
Issue
1
Author
George Van Cleve

Editors' Summary: In recent years, the U.S. Supreme Court has limited the availability of citizen suits by narrowing standing requirements. Advocates of this restrictive view on standing allege that broad citizen standing is prohibited by the U.S. Constitution; they claim support for their argument from legal history, including the intent of the Constitution's Framers. This Article reviews the history of citizen standing in public actions by considering current Supreme Court jurisprudence, examining the history of citizen standing in English legal practice, and discussing the intent of the Constitution's Framers. After considering the history of citizen standing, the author concludes that the Supreme Court's recent decisions limiting standing are based on an unfounded view of the meaning of Articles II and III of the Constitution that denies Congress authority it possesses under the Constitution. Congress can, therefore, in many cases establish the rules governing citizen suit standing, and, thus, can, if it chooses, reverse many of the Supreme Court's standing opinions.

The author received his B.A. from the University of Chicago in 1973, and his J.D. from Harvard Law School in 1977. Mr. Van Cleve is head of Van Cleve & Associates in Washington, D.C. The author wishes to offer warm thanks to his colleague Luis M. Acosta for his substantial research assistance and helpful editorial comments, and to Mr. Euan MacDonald, a law student at the University of Edinburgh, Edinburgh, Scotland, for his useful suggestions and diligent, extensive, and very helpful research assistance.

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Congressional Power to Confer Broad Citizen Standing in Environmental Cases

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