Justiciability

Question 1

Requirements for injury

Answer 1

Injury must be:

1) concrete and particular; and
2) actual or imminent

Lujan v. Defenders of Wildlife (1992)

Question 2

Requirements for redressability

Answer 2

• The redressability requirement is not met when the entity causing the harm is not party to or bound by the suit. (Lujan)
• Redressability requires the court be able to provide the specific relief sought(Linda R.S. v. Richard D.) (framing of injury is essential to this)

Question 3

Massachusetts v. EPA (2007)

Answer 3

States receive special solicitude in a standing analysis

Incremental regulatory steps may be challenged

Question 4

US v. Scrap (1973)

Answer 4

Aesthetic and recreational harms are grounds for standing.

Question 5

Allen v. Wright (1984)

Answer 5

Causation is too attenuated when the actions of third parties affect the outcome.

Question 6

Requirement to obtain injunctive relief (from L.A. v. Lyons (1983)

Answer 6

To obtain injunctive or declaratory relief the plaintiff must show likelihood of future harm.

Question 7

Organizational Standing Requirements

Answer 7

1) At least one of the organization’s members must have standing to sue in her own right
2) The interests the organization seeks to protect are germane to its purpose
3) Neither the claim asserted nor the relief requested requires the participation of individual members in the lawsuit.

Question 8

Third Party Standing requirements

Answer 8

No third party standing unless:

1) There is a close relationship between plaintiffs and injured third parties
2) The plaintiff is unlikely to sue on her own behalf due to obstacles

Question 9

Generalized grievances

Answer 9

A plaintiff does not have standing if her injury arises from her status as a citizen or taxpayer.

• Exception for Establishment Clause clams (Flast) where congress (not executive)(Hein) gives money (not land) (Valley Forge) to religious entity.

Question 10

Requirements for Standing

Answer 10

1) injury
2) causation
3) redresability

Question 11

Ripeness

When may a party seek pre-enforcement review of a statute or regulation?

Answer 11

1) Hardship

2) Fitness

Question 12

Mootness

Answer 12

Have events subsequent to the filing of the case resolved the dispute?

Question 13

Mootness exceptions

Answer 13

• Wrongs capable of repetition yet evading review
• Collateral consequences
• Voluntary cessation
• Properly certified class action

Question 14

Capable of repetition yet evading review

Answer 14

1) There must be a reasonable chance that it will happen again to the plaintiff
2) It must be the type of injury that is of inherently limited duration.

Question 15

Voluntary cessation

Answer 15

The defendant must show it is absolutely clear the behavior could not reasonably be expected to recur.