-could say denial of procedural rights increases risk of unfavorable outcome but cases don’t say this
-what matters is independent right to participate
-hard case is SCRAP (ICC didn’t file env. impact statement – problem of how rates affect you and at most changing risk) but NEPA says anyone aggrieved has right to file suit
-Lujan – proc. violation (failure to consult) so harder to demonstrate standing and connect with injury
-SC doesn’t seem to be harder on procedural claims