Venue: |
SCOTUS
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Facts: |
The Forest Service has a plan for the development of Mineral
King Valley (big Disney hotel for skiers). The Sierra
Club wants it preserved for hikers. |
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Posture: |
Disney/Forest Service have won everything so far: public hearing
denied, correspondence with Dept. of Interior ignored, suit
in lower court. |
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Issue: |
What must be alleged by persons who claim noneconomic injuries in
order to have a legitimate lawsuit? |
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Holding: |
A mere "interest in the problem" is insufficient; you need to be
adversely affected. |
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Rule: |
APA § 10 says that plaintiffs are entitled to judicial review
if they are "adversely affected" by an agency action.
(Administrative Procedure Act: 5 U.S.C. § 701) |
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Reasoning: |
If merely having an interest in the problem were sufficient, we'd
have lawsuits galore. Aesthetic and environmental well-being
are permissible interests/sources of injury, but we require
"injury in fact," meaning that the party seeking review must
actually be among the injured. |
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Dicta: |
Douglas, dissenting: let's get rid of the doctrine of standing,
and just let anyone who wants to put together a lawsuit do
so. |
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