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Water Log 18.4 Constitutional Standing at the Supreme Court For recent Supreme Court analysis of constitutional standing, see the following cases. Lujan v. Defenders of Wildlife, 504 U.S. 555
(1992). The Court held that parties did not have standing to challenge
a regulation interpreting the ESA without an actual or imminent injury.
The Court denied standing on a number of proposed theories including
an ecosystem nexus, animal nexus, vocational nexus, and that the ESA
allows all persons to sue. Bennett v. Spear, 520 U.S. 154 (1997). The Court
held that a party challenging a federal agency's restrictions imposed
to protect endangered species did have standing under the zone-of-interests
test even though the plaintiffs sought to prevent application of environmental
restrictions rather than to implement such restrictions. Steel Co. v. Citizens for a Better Environment,
118 S.Ct. 1003 (1998). The Court determined that a party did not have
standing to sue under the Emergency Planning and Community Right-To-Know
Act because no relief sought was likely to remedy the alleged injury
as the relief would not reimburse the organization for losses or eliminate
effects of late reporting. The Court declined to reach the merits noting
that "federal courts ought to be certain of their jurisdiction before
reaching the merits of a case." |
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