Chapter

The Problem of Standing

Jan G. Laitos

in The Right of Nonuse

Published in print May 2012 | ISBN: 9780195386066
Published online September 2012 | e-ISBN: 9780199949656 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195386066.003.0018
The Problem of Standing

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This chapter seeks to establish that, in the United States, a standing test for natural resource protection should not necessarily be based only in terms of an injury to a human being. In federal courts, the Article III “case or controversy” requirement has demanded that the judiciary be confronted with an injury that is experienced by a human (or a “person”) before a right can be asserted. In state courts there is a similar anthropocentric bias for plaintiffs that are human, and who have been injured. Rather than require humans to demonstrate their uniquely human injury in order to raise the rights of a natural resource, it should be acceptable for a natural resource to allege that its own cognizable right of nonuse has been violated, and to show that it (and not a human) has suffered an injury-in-fact, which in turn permits it to assert its rights in court.

Keywords: resource protection; standing test; rights of nonuse; United States; injury

Chapter.  8097 words. 

Subjects: Environment and Energy Law

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