environmental standing

Libertarians for Environmental Red Tape!

  Libertarians have long castigated environmental review statutes, such as NEPA and CEQA, for trampling private property rights, the theory being that they make developing property so difficult and expensive that they are tantamount to disrupting those right. That’s why it was so odd to see the Pacific Legal Foundation advocating for more prolix environmental …


How the Financial Crisis Destroyed Standing Doctrine

Environmental scholars are very familiar — perhaps too familiar — with how the constitutionalization of standing doctrine has restricted the ability of environmental groups to challenge agency actions.  I’ve recently read several books about the financial crisis, and it’s occurred to me that Wall Street innovation may have made traditional standing doctrine a dead letter. My …


The Mystery of Sierra Club v. Morton

  Sierra Club v. Morton is rightfully viewed as one of the most significant environmental decisions in Supreme Court history.  Although it hardly constituted a crimped or anti-environmental decision, it did go a long way to putting the brakes on environmental standing by ruling that the Sierra Club did not have the corporate standing to …


Conference Webcast – The Environment and the Constitution

*Webcast is archived for later viewing, if you didn’t catch the live event. On February 26, 2010.  9:00 a.m. –  5:30 p.m.webcast of (EST), you can attend the Environmental Protection in the Balance: Citizens, Courts, and the Constitution at Georgetown University Law Center, Washington, DC. Today, the most important environmental law and policy disputes are …