Earth Island's Tighter Standing Requirement

Law360, New York (March 10, 2009, 12:00 AM EDT) -- The U.S. Supreme Court’s decision in Summers v. Earth Island Institute, No. 07-463, has made it more difficult for plaintiffs in federal court to show that they have standing to bring their suits.

The decision’s reach is broad. Earth Island not only hinders plaintiffs in environmental cases, it also hinders organizational plaintiffs, who rely on their members’ injuries to sustain their suits, in all cases filed in federal court.

In Earth Island, the Supreme Court considered whether environmental groups challenging U.S. Forest Service regulations exempting certain projects from notice and...
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