Where Standing Closes a Door, May Intervention Open a Window? Article III, Rule 24(a), and Climate Change Solutions
October 2012
Citation:
42
ELR 10945
Issue
10
The Article III standing doctrine is hindering judicial resolution of climate change harms. Imposing Article III standing requirements onto movants seeking to intervene in ongoing cases further narrows an increasingly narrow field of options for litigants to engage federal courts in implementing climate change solutions. A flexible application of intervention rules, which would not require all prospective intervenors to demonstrate their own Article III standing, could support efforts to systematically address the large-scale problem of climate change.