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iLaw Dictionary
California
Law Dictionary
Standing
Standing
Standing is a judicially-created doctrine -- "an essential
and unchanging part of the case-or-controversy requirement
of Article III." Lujan v. Defenders of Wildlife, 504 U.S. 555,
560 (1992). "No principle is more fundamental to the judiciary's
proper role in our system of government than the constitutional
limitation of federal-court jurisdiction to actual
casesor controversies.
" Simon v. Eastern Ky. Welfare Rights Org., 426 U.S. 26, 37 (1976).
Standing, unlike other jurisdictional doctrines, " `focuses on the party
seeking to get his complaint before a federal court and not on the issues
he wishes to have adjudicated.' " Id. at 38 (quoting Flast v. Cohen, 392
U.S. 83,99 (1968)). To demonstrate standing, a plaintiff must
(1)
"have suffered an `injury in fact'
-- an invasion of a legally
protected interest which is (a) concrete and particularized and
(b) `actual or imminent, not `conjectural or hypothetical;' "
(2) "there must be a
causal connection between the injury and
the conduct complained of -- the injury has to be`fairly . . .
trace[able] to the challenged action of the defendant, and not
. . . th[e] result [of] the independent action of some third
party
not before the court;' " and (3) "it must be
`likely' as opposed
to merely `speculative,' that the injury will be`redressed
by
a favorable decision.' " Defenders of Wildlife, 504 U.S. at
560-61 (citations omitted) (alterations in original).
Opinion citing this authority is below:
PRITIKIN v. DEP'T OF ENERGY, No 99-35581 (9th Cir. June 13, 2001)
CIVIL PROCEDURE, ENVIRONMENTAL LAW
PRITIKIN v. DEP'T OF ENERGY, No 99-35581 (9th Cir. June 13, 2001)
Plaintiff who sought medical monitoring from Agency for Toxic
Subtances and Disease Registry lacked standing to sue Department of
Energy to force the department to fund agency's monitoring program
under the citizen's suit provision of CERCLA.
To read the full text of this opinion, go to: [PDF File]
http://caselaw.lp.findlaw.com/data2/circs/9th/9935581p.pdf
PRITIKIN v. DEP'T OF ENERGY, No 99-35581 (9th Cir. June 13, 2001)
PRITIKIN v. DEP'T OF ENERGY, No 99-35581 (9th Cir. June 13, 2001-Annotated)
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