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State Citizen Suits, Standing, and the Underutilization of State Environmental Law

This Article explores the relationship between state environmental citizen suit provisions and judicial standing requirements, and analyzes whether the introduction of citizen suits into state statutory law inspired increasingly strict state standing requirements, as occurred at the federal level. Specifically, it identifies how state judiciaries have interpreted standing and aggrievement in response to general, non-media-specific citizen suit provisions, both in the common law and in administrative law.

Desert Survivors v. United States Department of the Interior

A district court granted summary judgment for environmental groups in a challenge to FWS' 2020 withdrawal of its 2013 proposal to list the bi-state sage-grouse as a threatened species under the ESA, and vacated the withdrawal. The groups argued the withdrawal violated the ESA because the Service's d...

San Francisco Herring Ass'n v. U.S. Department of the Interior

The Ninth Circuit affirmed summary judgment for the National Park Service (NPS) in a challenge to the Service's authority to prohibit commercial herring fishing in the Golden Gate National Recreation Area (GGNRA). A fishing group argued that NPS lacked authority under the GGNRA Act to enforce the co...

Ute Indian Tribe v. McKee

The Tenth Circuit affirmed dismissal of a lawsuit concerning a long-running water dispute between an Indian tribe and a private landowner in Utah. The tribe sued the landowner in tribal court, arguing the landowner had been diverting the tribe's water for years. The tribal court held it had subject ...