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Sierra Club v. Morton

Citation: 2 ELR 20192
No. No. 70-34, 405 U.S. 727/3 ERC 2039/(U.S., 04/19/1972) Aff'd

A party has standing to seek judicial review under the Administrative Procedure Act only if he can show that he himself will suffer injury as a result of the challenged administrative action. The injured interest is not limited to economic values and indeed may reflect aesthetic, conservational, or recreational values. Moreover, the mere fact that the interest is widely shared and the injury widely dispersed does not ipso facto disqualify the interest from judicial protection or render the injury insufficient. In a suit to enjoin federal officials from approving an extensive ski development in the Mineral King Valley in the Sequoia National Forest, the Sierra Club contended that it had standing because of its long-held special concern for and expertise in the conservation of national parks and forests. Because the Sierra Club did not allege individualized injury to itself or to any of its members, it has not alleged facts that entitle it to judicial review of the challenged administration action.

Counsel for Plaintiff
Leland R. Selna, Jr.
Matthew P. Mitchell
Feldman, Waldman & Kline
2700 Russ Building
San Francisco, California 94104

Counsel for Defendants
Erwin N. Griswold Solicitor General
Shiro Kashiwa Asst. Attorney General
Walter Kiechel, Jr. Deputy Asst. Attorney General
Wm. Terry Bray Asst. to the Solicitor General
Edmund B. Clark
Jacques B. Gelin Attorneys
Department of Justice
Washington, D.C. 20530

Counsel for Amicus Curiae in Support of Plaintiffs Wilderness Society, Izaak Walton League of America, and Friends of the Earth
Bruce J. Terris
1908 Sunderland Place, N.W.
Washington, D.C. 20009

James W. Moorman
1600 Twentieth Street, N.W.
Washington, D.C. 20009

Environmental Defense Fund
Mark L. Evans
Anthony A. Lapham
Donald S. Burris
Philip J. Harter
734 Fifteenth Street, N.W.
Washington, D.C. 20005

Edward Lee Rogers
162 Old Town Road
East Setauket, New York 11733

Counsel for Amicus Curiae in Support of Defendants
Far West Ski Association
United States Ski Association
Donald R. Allen
Patrick H. Mitchell

American National Cattlemen's Association, Idaho
Public Lands Resources Council, National Forest
Products Association, National Water Resources
Association, Oregon Field Trail Council, Outdoors
Unlimited, Inc., and Public Resources Council of Oregon
Robert C. Kerk
Wesley S. Walton
134 South La Salle Street
Chicago, Illinois 60603

MR. JUSTICE POWELL and MR. JUSTICE REHNQUIST took no part in the consideration or decision of this case.