Sierra Club v. Morton

1972

Venue: SCOTUS

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.

Posture: Disney/Forest Service have won everything so far: public hearing denied, correspondence with Dept. of Interior ignored, suit in lower court.

Issue: What must be alleged by persons who claim noneconomic injuries in order to have a legitimate lawsuit?

Holding: A mere "interest in the problem" is insufficient; you need to be adversely affected.

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)

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.

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.