Climate Change Project

Table of Contents



Administrative Law - Fall 2001

11.1 Standing to Seek Review - 647

11.1.1 Standing to Seek Review in the Federal Courts:  Historical Introduction - 648

What is the constitutional requirement that drives standing jurisprudence?

What was the standing issue in Tennessee Electric Power Co. v. TVA?

What did the United States Supreme Court hold?

Why was the result different in FCC v. Saunders Brothers Radio Station?

What is a private attorney general and why do legislatures create them?

What are the pros and cons of broadening standing to contest agency actions?

11.1.2 Injury in Fact and Zone of Interest Tests - 649

Association of Data Processing Service Orgs. V. Camp - 649

What is the factual basis of the case?

Who is challenging the agency action?

What did the lower court do?

What is Justice Douglas' keystone?

First question - is there injury in fact?

Second question - is this interest within the zone of interests meant to be protected by the law?

Must the injury be economic?  Examples? What was the issue in Flast?

What is the statutory issue?

Why might this not give standing to plaintiffs?

What does the court say about the purpose of the statute?

Third question - has judicial review been precluded?

What did the court rule?

What did the dissent want?

Notes and Questions - 652

1 - How does injury in fact and zone of interests relate to the first sentence of 702?

2 - Applying the zone of interests test

Air Courier v. American Postal Workers Union

What was the statute at issue?

What does it provider?

What does the USPS want to do?

Who is opposed and why?

How is the date the act was passed important to determining Congressional intent?

What did the court determine was the purpose of the act?

Why protect the USPS?

What did the court rule on the plaintiffs' standing?

National Credit Union v. First National Bank

What was the standing issue in this case?

What did the court find?

Do you think this is consistent with the Air Courier case?

3 - Merits of Zone of Interest

Is this a constitutional requirement?

How can it be changed?

What did Congress do with standing in the Endangered Species Act?

What was the effect of this provision on the zone of interest test?

Why is the zone of interest more difficult for the courts to determine than injury in fact?

4 - Standing of agencies

How do the states and federal government differ on the right of agencies to have standing to contest the rulings of other agencies?

How is this driven by the different separation of powers issues in states v. the feds?

11.1.3 Imminent Injury, Causation, Remediability-The Public Action - 655

Lujan v. Defenders of Wildlife - 655

What require of the Endangered species act is at issue?

What do the plaintiffs want to apply it to?

What is Interior's interpretation of the law?

What is the irreducible minimum for standing (3 things)?

Why might congress not be able to modify this and give standing to anyone to get into the courts?

Who must establish these?

Why is the standard for the necessary allegations different at the summary judgment rather than the motion to dismiss stage?

Why is this burden higher when the compliant is the regulation of others?

What is plaintiffs' claimed injury in fact in this case?

What did plaintiffs' affidavits show?

What is the "ecosystem nexus" argument?

How does Lujan v. National Wildlife undermine this?

Why did the plaintiffs' trip to Sri Lanka not qualify?

What is the "animal nexus?"

What is the "vocational nexus"

Was this enough?

What is the redressability issue?

What is the "procedural injury"?

Why does court reject this?

What did Kennedy and Souter say?

Notes and Questions - 662

2 - Associations

What are the requirements from Hunt for an association to have standing?

3 - Public Action

Will the federal courts allow standing based on ideological concerns?

How was this illustrated in Sierra Club v. Morton (1972)?

Do the states all have the same constitutional limits on standing as the in Art. III of the US constitution?

4 - Causation and Remedies

What must a plaintiff show about causation and potential remedies to have standing?

Why did standing fail in Steel Co. v. Citizens for a Better Environment?

How was this modified in Friends of the Earth v. Laidlaw Environmental Services, Inc., 528 U.S. 167  (2000) - supplement?

6 - Citizen suit provisions

What does Defenders of Wildlife do to the citizen suit provisions of the Endangered Species Act?

How does FEC v. Akins, 524 U.S. 11 (1998) - supplement - potentially ameliorate Defenders of Wildlife?

What is a qui tam action? - supplement

How was Congress able to dodge the standing issue with the qui tam law?

What did Scalia leave open as a problem with qui tam action?

7 - Tax payer actions

Do the states allow taxpayer actions?

Do the federal courts?

Why not?

What constitutional provision was at issue in Flast and why is it special for taxpayer suits?

8 - Third party standing

When will the courts allow third party standing?

9 - Congressional Standing

What happened in Raines v. Byrd (1997)?

What is another way the court could have avoided deciding this case?

11.2 Timing of Judicial Review - 667

11.2.1 Introduction - 667

Basic Categories

What is ripeness

What is exhaustion of remedies

What is the primary jurisdiction issue?

11.2.2 The Final order Rule - 669

FTC v. Standard Oil of California (1980) - 669

Look familiar?

What triggered this case?

What was the FTC ruling?

Why does Socal want to contest this intermediate finding?

How is the like the potential problems facing Microsoft even though Justice has let them off the hook?

Why did the district court dismiss Socal's contest of the ruling?

What did the United States Supreme Court find that the FTC had to be to be reviewable?

How is this complaint different from the rule in Abbot Labs?

How does Socal contest the argument that is not a final action?

How does the court distinguish finality from exhaustion?

What is Socal worried about?

Will this intermediate ruling be reviewable when there is final agency action?

Notes and Questions - 672

1 - The final order rule

What are the requirements for a final order under sec. 704 of the APA?

2 - When is a non-final order final - the DDT case?

3 - What is the Catch 22 in Franklin v. MA?

7 - Is administrative delay enough to justify finality?



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