Lujan v. Defenders of Wildlife
Encyclopedia
Lujan v. Defenders of Wildlife, , was a United States Supreme Court
case decided on June 12, 1992, in which the court held that a group of American
wildlife conservation
and other environmental organizations lacked standing
to challenge regulations jointly issued by the U.S. Secretaries of the Interior
and Commerce
, regarding the geographic area to which a particular section of the Endangered Species Act of 1973 applied. The case arose over issues of US funding of development projects in Aswan
and Mahaweli that could harm endangered species
in the affected areas.
Said Lily Henning of the Legal Times:
Writing for the majority, Justice Scalia stated that Defenders had failed to satisfy Constitutional requirements for “injury in fact” that would grant standing under the Endangered Species Act. 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.
Justice Anthony Kennedy
and Justice David Souter
asserted in their concurring opinion that a plane ticket to the affected geographic areas with endangered species in question would have been enough to satisfy the imminent threat of future injury requirement.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case decided on June 12, 1992, in which the court held that a group of American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
wildlife conservation
Wildlife conservation
Wildlife conservation is the preservation, protection, or restoration of wildlife and their environment, especially in relation to endangered and vulnerable species. All living non-domesticated animals, even if bred, hatched or born in captivity, are considered wild animals. Wildlife represents all...
and other environmental organizations lacked standing
Standing (law)
In law, standing or locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case...
to challenge regulations jointly issued by the U.S. Secretaries of the Interior
United States Secretary of the Interior
The United States Secretary of the Interior is the head of the United States Department of the Interior.The US Department of the Interior should not be confused with the concept of Ministries of the Interior as used in other countries...
and Commerce
United States Secretary of Commerce
The United States Secretary of Commerce is the head of the United States Department of Commerce concerned with business and industry; the Department states its mission to be "to foster, promote, and develop the foreign and domestic commerce"...
, regarding the geographic area to which a particular section of the Endangered Species Act of 1973 applied. The case arose over issues of US funding of development projects in Aswan
Aswan
Aswan , formerly spelled Assuan, is a city in the south of Egypt, the capital of the Aswan Governorate.It stands on the east bank of the Nile at the first cataract and is a busy market and tourist centre...
and Mahaweli that could harm endangered species
Endangered species
An endangered species is a population of organisms which is at risk of becoming extinct because it is either few in numbers, or threatened by changing environmental or predation parameters...
in the affected areas.
Said Lily Henning of the Legal Times:
- In [this] 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 courtUnited States federal courtsThe United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
. It, in effect, made it more difficult for plaintiffs to challenge the actions of a government agencyGovernment agencyA government or state agency is a permanent or semi-permanent organization in the machinery of government that is responsible for the oversight and administration of specific functions, such as an intelligence agency. There is a notable variety of agency types...
when the actions don't directly affect them.
Writing for the majority, Justice Scalia stated that Defenders had failed to satisfy Constitutional requirements for “injury in fact” that would grant standing under the Endangered Species Act. 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
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
citizen plaintiff must have suffered a tangible and particular harm.
Justice Anthony Kennedy
Anthony Kennedy
Anthony McLeod Kennedy is an Associate Justice of the United States Supreme Court, having been appointed by President Ronald Reagan in 1988. Since the retirement of Sandra Day O'Connor, Kennedy has often been the swing vote on many of the Court's politically charged 5–4 decisions...
and Justice David Souter
David Souter
David Hackett Souter is a former Associate Justice of the Supreme Court of the United States. He served from 1990 until his retirement on June 29, 2009. Appointed by President George H. W. Bush to fill the seat vacated by William J...
asserted in their concurring opinion that a plane ticket to the affected geographic areas with endangered species in question would have been enough to satisfy the imminent threat of future injury requirement.
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
- List of United States Supreme Court cases by the Rehnquist Court