Abstract

http://ssrn.com/abstract=1536583
 
 

Footnotes (27)



 


 



Standing and Environmental Law: An Overview


Robin Kundis Craig


University of Utah S.J. Quinney College of Law

January 2009

FSU College of Law, Public Law Research Paper No. 425

Abstract:     
Standing has long been one of the most common constitutional challenges in federal environmental cases. While standing is technically a requirement in all federal ]cases in order to satisfy those courts’ constitutional restriction to hearing “Cases” and “Controversies,” standing rarely becomes a contested issue in “normal” litigation involving that plaintiff’s assertion that a defendant injured the plaintiff personally, as in most tort, property, and contract litigation. Instead, it is the “public interest” nature of many environmental lawsuits that has made environmental law a significant flashpoint for the U.S. Supreme Court’s standing jurisprudence. Specifically, because environmental plaintiffs often bring public interest claims, their connections to the legal problems challenged can appear attenuated, prompting defendants to assert that the plaintiffs lack standing to bring the legal challenge.

Environmental standing law has a long history in the Supreme Court, but new standing issues, such as the possibility of special standing rules for states, still arise. This chapter begins in Part I by tracing the early history of standing doctrine in the Court. Part II shifts focus to the Court’s specifically environmental standing decisions in the 20th century, emphasizing the importance of its 1992 decision in Lujan v. Defenders of Wildlife. Part III provides an overview of continuing and emerging issues in environmental standing, including, for example, the problem of increased risk (probabilistic) standing and the Supreme Court’s suggestion in Massachusetts v. EPA that states are entitled to “special solicitude” in the standing analysis.

Number of Pages in PDF File: 19

Keywords: Standing, Constitutional Law, Environmental Litigation, Massachusetts v. EPA, Lujan, Defenders of Wildlife, Increased Risk, Climate Change

working papers series


Download This Paper

Date posted: January 30, 2010 ; Last revised: February 3, 2013

Suggested Citation

Craig, Robin Kundis, Standing and Environmental Law: An Overview (January 2009). FSU College of Law, Public Law Research Paper No. 425 . Available at SSRN: http://ssrn.com/abstract=1536583 or http://dx.doi.org/10.2139/ssrn.1536583

Contact Information

Robin Kundis Craig (Contact Author)
University of Utah S.J. Quinney College of Law ( email )
332 S. 1400 East Front
Salt Lake City, UT 84112-0730
United States

Feedback to SSRN


Paper statistics
Abstract Views: 3,009
Downloads: 747
Download Rank: 17,256
Footnotes:  27

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.328 seconds