ELR Citation: ELR 20697
No(s). 84-6163 (9th Cir. Jul 15, 1985)

The court holds that the Animal Lovers Volunteer Association (ALVA) lacks standing to maintain a National Environmental Policy Act (NEPA) suit challenging the Navy's San Clemente Island, California, goat eradication program. To have standing, a party must be able to demonstrate "injury-in-fact" arising from the action, and injury "arguably within the zone of interests to be protected" by a violated statute. ALVA has not demonstrated "injury-in-fact." A mere assertion of organizational interest in a problem, the court holds, is not enough to establish standing. The court goes on to hold that a general contention that ALVA members, unusually dedicated to preventing inhumane treatment of animals, will suffer distress if goats are shot does not allege a cognizable injury. NEPA's zone of interest does not encompass psychological impact absent direct sensory impact. The court then rules that to have standing, a party must demonstrate an interest distinct from interests held by the public at large, and concludes that ALVA has not adequately differentiated its concern over the prospect of cruelty to animals from the public's generalized abhorrence to capricide. Finally, the court notes that its decision is restricted to a denial of ALVA's standing to sue. A right of action may still exist against the Navy to prevent it from violating NEPA.

Counsel for Plaintiffs
Alexander T. Henson
P.O. Box 1381, 40 W. Carmel Valley Rd., Carmel Valley CA 93924
(415) 659-5334

Counsel for Defendants
David C. Shilton, Dirk D. Snel
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-4400

Joseph Butler, Ass't U.S. Attorney
1143 U.S. Courthouse, 312 N. Spring St., Los Angeles CA 90012
(213) 894-7155

Before Goodwin, Sneed, and Skopil, JJ.