Standing in Recent Environmental Cases
by rhysmason, Window Shopper
- Created: May 17, 2013, 12:22 am
- Updated: May 22, 2013, 1:12 pm
On Wednesday (May 15), the Environmental Law Institute is hosting a lunchtime seminar on The Future of Standing in Environmental Cases, with a great panel: • F. William Brownell, Partner, Hunton & Williams (moderator) • Amanda Leiter, Associate Professor, American University, Washington College of Law • Thomas Lorenzen, Assistant Section Chief, Environment & Natural Resources Division, Department of Justice • Roger R. Martella, Jr., Partner, Sidley Austin LLP • Allison Zieve, Director, Litigation Group, Public Citizen --- I hope that the panel addresses what I regard as one of the most interesting recent developments in standing cases: the number of significant environmental cases in which the D.C. Circuit is finding that industry plaintiffs lack standing. Environmentalists and environmental law scholars have often regarded rigorous standing requirements as biased against citizen environmentalist plaintiffs. See, e.g., Shi-Ling Hsu, The Identifiability Bias in Environmental Law, 35 Fla. St. U. L. Rev. 433, 465-73 (2008). Indeed, the Supreme Court has essentially admitted as much, noting that plaintiffs who are the target of government regulation generally satisfy standing requirements, whereas establishing standing for other plaintiffs is "substantially more difficult.” Lujan v. Defenders of Wildlife, 504 U.S. 555, 561-62 (1992).
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