Laidlaw (Even Industry Gets the Blues)

Craig N. Johnston

Professor of Law, Northwestern School of Law, Lewis & Clark College, Portland, Oregon.

[30 ELR 11196]

adapted from Layla (by Eric Clapton and Jim Gordon)¹

What do we do when we get sued now

If the Supremes aren't on our side?

If we can't rely on standing constraints

Do they expect us to comply?

Laidlaw!² What are these non-use injuries?

Laidlaw! Based on pure subjectivity

Laidlaw! Antonin please ease our worried minds

Defenders³ gave us consolation

Your language there was masterly

And Steel Co.⁴ filled us with elation

We thought we were immune from penalties

Laidlaw! What about these penalties?

Laidlaw! Where's the redressability?

Laidlaw! Antonin please ease our worried minds

We trusted in the Court's protection

Now even the Chief has let us down

But like fools, we put our faith in you

You and C.T. were voted down

Laidlaw! What is it Sandra doesn't see?

Laidlaw! And where was Justice Kennedy?

Laidlaw! Antonin please ease our worried minds

Let's make the best of the situation

Article II's our last resort

Please don't say we'll never find a way

To keep these plaintiffs out of court

Laidlaw! We miss the old majority

Laidlaw! How can we pay these penalties?

Laidlaw! Antonin please ease our worried minds

1. DEREK AND THE DOMINOS, Layla, on LAYLA AND OTHER ASSORTED LOVE SONGS (A&M Records 1970).

2. Friends of the Earth v. Laidlaw Envtl. Servs. (TOC), Inc., 120 S. Ct. 693, 30 ELR 20246 (2000). See Craig N. Johnston, Standing and Mootness After Laidlaw, 30 ELR 10317 (May 2000).

3. Lujan v. Defenders of Wildlife, 504 U.S. 555, 22 ELR 20913 (1992).

4. Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 28 ELR 20434 (1998).