''Lujan v. Defenders of Wildlife'', 504 U.S. 555 (1992), was a landmark
Supreme Court of the United States decision, handed down on June 12, 1992, that heightened
standing
Standing, also referred to as orthostasis, is a position in which the body is held in an ''erect'' ("orthostatic") position and supported only by the feet. Although seemingly static, the body rocks slightly back and forth from the ankle in the s ...
requirements under
Article III of the United States Constitution
Article Three of the United States Constitution establishes the judicial branch of the U.S. federal government. Under Article Three, the judicial branch consists of the Supreme Court of the United States, as well as lower courts created by Congres ...
. It is "one of the most influential cases in modern environmental standing jurisprudence." Lily Henning of the ''Legal Times'' stated that:
:In
his
His or HIS may refer to:
Computing
* Hightech Information System, a Hong Kong graphics card company
* Honeywell Information Systems
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* Microsoft Host Integration Server
Education
* Hangzhou International School, ...
decision, hailed by the right and attacked by the left as well as by a broad swath of legal scholars, the Court made clear that plaintiffs must suffer a concrete, discernible injury—not a "conjectural or hypothetical one"—to be able to bring suit in
federal court. It, in effect, made it more difficult for plaintiffs to challenge the actions of a
government agency when the actions don't directly affect them.
In ''Lujan'', the Court held that a group of
American
American(s) may refer to:
* American, something of, from, or related to the United States of America, commonly known as the "United States" or "America"
** Americans, citizens and nationals of the United States of America
** American ancestry, pe ...
wildlife conservation and other
environmental organizations
An environmental organization is an organization coming out of the conservation or environmental movements
that seeks to protect, analyse or monitor the environment against misuse or degradation from human forces.
In this sense the environme ...
lacked
standing
Standing, also referred to as orthostasis, is a position in which the body is held in an ''erect'' ("orthostatic") position and supported only by the feet. Although seemingly static, the body rocks slightly back and forth from the ankle in the s ...
to challenge
regulations jointly issued by the U.S. Secretaries of
the Interior and
Commerce
Commerce is the large-scale organized system of activities, functions, procedures and institutions directly and indirectly related to the exchange (buying and selling) of goods and services among two or more parties within local, regional, nation ...
, regarding the geographic area to which a particular section of the
Endangered Species Act of 1973
The Endangered Species Act of 1973 (ESA or "The Act"; 16 U.S.C. § 1531 et seq.) is the primary law in the United States for protecting imperiled species. Designed to protect critically imperiled species from extinction as a "consequence of ec ...
applied. The case arose over issues of US funding of development projects in
Aswan, Egypt and
Mahaweli
The Mahaweli River ( si, මහවැලි ගඟ, literally "Great Sandy River"; ta, மகாவலி ஆறு 'mahawali gangai'', is a long river, ranking as the longest river in Sri Lanka. It has a drainage basin of , the largest in the ...
, Sri Lanka that could harm
endangered species in the affected areas. The government declared that the act did not apply to projects outside of the United States and
Defenders of Wildlife sued.
Opinion
In Scalia's interpretation of Article III of the Constitution, plaintiffs must demonstrate that they have suffered an injury in fact, caused by the defendant, which a favorable court decision could redress, to meet the standing requirement to bring a case before the court. In his opinion for the majority,
Justice Scalia
Antonin Gregory Scalia (; March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectua ...
stated that Defenders had failed to satisfy the “injury in fact” element. He wrote that the Court rejected the view that the citizen suit provision of the statute conferred upon “all persons an abstract, self-contained, non-instrumental ‘right’ to have the Executive observe the procedures required by law." Rather, he explained, an American citizen plaintiff must have suffered a tangible and particular harm.
Additionally, in the portion of his opinion that garnered only plurality support, Justice Scalia determined that the plaintiffs failed to demonstrate the redressability element.
In his opinion concurring in part
Justice Anthony Kennedy, joined by
Justice David Souter, asserted that an airline ticket to the affected geographic areas with endangered species in question would have been enough to satisfy the imminent threat of future injury requirement.
Justice John Paul Stevens concurred in the judgement as well, but disagreed with the Court's finding that Defenders lacked standing. Justice Stevens instead rested his opinion on a statutory construction of the Endangered Species Act.
[''Lujan'', 504 U.S. at 586.]
See also
*
List of United States Supreme Court cases, volume 504
*
List of United States Supreme Court cases
*
Lists of United States Supreme Court cases by volume
*
References
External links
*
*
Case Brief for Lujan v. Defenders of Wildlife at Lawnix.com*
{{DEFAULTSORT:Lujan V. Defenders Of Wildlife
1992 in the environment
1992 in United States case law
United States Constitution Article Three case law
United States standing case law
United States environmental case law
United States Supreme Court cases
United States Supreme Court cases of the Rehnquist Court
Egypt–United States relations
Sri Lanka–United States relations