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Where Standing Closes a Door, May Intervention Open a Window? Article III, Rule 24(a), and Climate Change Solutions

October 2012

Citation: ELR 10945

Author: Melissa Waver

The Article III standing doctrine is hindering judicial resolution of climate change harms. Imposing Article III standing requirements onto movants seeking to intervene in ongoing cases further narrows an increasingly narrow field of options for litigants to engage federal courts in implementing climate change solutions. A flexible application of intervention rules, which would not require all prospective intervenors to demonstrate their own Article III standing, could support efforts to systematically address the large-scale problem of climate change.

Melissa Waver is a third-year J.D. student at Suffolk University Law School.

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