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Charting an Uncertain Legal Climate: Article III Standing in Lawsuits to Combat Climate Change

June 2015

Citation: 45 ELR 10509

Issue: 6

Author: Bruce Myers, John Broderick, and Shannon Smyth

In the wake of Massachusetts v. EPA, lower federal courts have been called upon to apply Article III standing rules in lawsuits featuring a variety of plaintiffs seeking to combat climate change in many different ways. In this Comment, the authors have created a chart that provides a comprehensive snapshot of how these courts have ruled in cases where the standing analysis was documented in a written opinion. The chart is organized by the theory of standing advanced and the type of injury claimed for standing purposes, rather than by legal claim.

Bruce Myers is a Senior Attorney and John Broderick is a Law Fellow at the Environmental Law Institute (ELI). Shannon Smyth was formerly a Law Fellow at ELI and is currently a staff attorney at the Connecticut Fund for the Environment.

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