- party a regulated party
- agency violated person’s legal rights (APA 702 provides standing to “a person suffering legal wrong”)
- Test (See Lujan)
- Injury-in fact
- must be particularized (See Sierra Club; Lujan)
- aesthetic, conservational and recreational count (Sierra Club)
- injury need not be tied to legal claim (See Duke Power)
- relevant injury is to P (See Laidlaw – no injury to environment)
- unlikely to allow taxpayer challenges (See Richardson) except under Establishment Clause (See Flast)
- NOT generalized grievance
- Causation – injury “fairly traceable” to challenged conduct
- Redressability – remedy will redress injury
- no standing to seek injunction if violation in past (Steel Co.) or not likely to be subject to policy in future (Lyons)
- Interest “arguably within the zone of interests” regulated or protected by statute (Nat. Credit Union)
- intent of congress irrelevant (Nat. Credit Union)
- Citizen suit provisions override prudential limits but still need to meet constitutional reqs (See Lujan)
- Can’t assert 3rd party rights
- Associational standing (Hunt test)
- members have standing to sue
- interests are within association’s purpose
- litigation will not be adversely affected by lack of individual Ps
We have located some similar legal questions and legal question categories. Check out these challenging questions that askquestions about Constitutional Law and are similar to Does the party have standing?. Also, we have included a list of some of our more popular legal question categories. These categories are based on what everyone is asking and answering.
What's Your Answer to "Does the party have standing?"