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"Injury-in-fact" test

Access to Courts After Massachusetts v. EPA: Who Has Been Left Standing?

Editors' Summary: On May 3, 2007, the Environmental Law Institute (ELI) hosted a seminar to discuss the recent U.S. Supreme Court ruling in the Massachusetts v. EPA case. This seminar was a follow-up to ELI's December 13, 2006, seminar...

The Citizen Petition Process Under NAFTA's Environmental Side Agreement: It's Easy to Use, But Does It Work?

The relationship between trade and the environment was perhaps the hottest issue in the debate over the North American Free Trade Agreement (NAFTA) in 1993.1 The North American Agreement on Environmental...

Drafting Standing Affidavits After Defenders: In the Court's Own Words

Editors' Summary: The U.S. Supreme Court's recent decision in Lujan v. Defenders of Wildlife, raises the threshold requirements that an environmental plaintiff must meet to establish its standing to sue. Although the...

Lujan v. Defenders of Wildlife: The Supreme Court's Slash and Burn Approach to Environmental Standing

Editors' Summary: Lujan v. Defenders of Wildlife (Defenders), the Supreme Court's June 1992, decision limiting environmentalists' standing to challenge agency programs, envisions judges' roles in environmental law...

Summers v. Earth Island Institute: Its Implications for Future Standing Decisions

In Summers v. Earth Island Institute, the U.S. Supreme Court in a 5-4 decision written by Justice Antonin Scalia rejected the concept of organizational standing based upon the statistical probability that some members of a plaintiff...