Standing

Question 1

What are the 3 (or 4) requirements of Standing?

Answer 1

1) Injury in Fact
2) Zone of Interest
3) Linkage
a) Causation
b) Redress

Question 2

What is required to have an injury in fact for standing?

Answer 2

need to be:

1) Actual and Imminent; OR
2) Concrete and Particularized; AND
3) Economic, Ecological, or Aesthetic.

Question 3

Does the injury in fact have to specific or can it be in the future?

Answer 3

Citizen injuries must be specific. Sometime or someday in the future will not work.

Question 4

What does the Zone of Interest require?

Answer 4

Plaintiff must be in a group that Congress intended to protect with the statute.

Question 5

What type of suit doesn’t need the Zone of Interest prong?

Answer 5

A citizen suit. If there is a citizen suit provision, then a citizen bringing the suit will automatically fulfill the zone of interest requirement.

Question 6

What is required for the Causation and Redress parts of the Linkage requirement?

Answer 6

Causation: Does the regulation involved case the injury?
Redress: Does not require reversal to be redressability. It is enough that it will slow or reduce the problem.

Question 7

What does Lujan v. Defenders of Wildlife stand for?

Answer 7

The idea of citizen suit provisions. If a citizen suit provision exists, then the zone of interest does not have to be fulfilled.

Question 8

What is the common standing problem seen in Data Processing v. Camp with agency actions?

Answer 8

Agency regulates A, however, this regulation of A affects B. So B wants to challenge the regulation even though the regulation was not aimed at them.

This creates a problem with the zone of interest.