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Standing to sue

Standing for Everyone: Sierra Club v. Morton, Justice Blackmun’s Dissent, and Solving the Problem of Environmental Standing

The modern doctrine of environmental standing prevents many worthy plaintiffs from presenting their cases in court. Especially in the context of climate change, this restrictive doctrine has profound implications. But the modern...

Developments in Standing for Public Lands and Natural Resources Litigation

This Article offers a framework for analysis of potential developments in the law of standing in cases involving public lands and natural resources. It is based on recent federal case law and academic literature addressing the law of...

Standing to Challenge Climate Change Decisions

When the government decides to approve, or not to approve, some activity that has climate change impacts, who has standing to bring a legal challenge? Answers are tricky and, ultimately, unsatisfying. What is clear is that the sheer...

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

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...

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

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...

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...