Elliott v. City of New York

Plaintiffs appeal from the district court’s award of summary judgment in favor of defendants (referred to collectively as the “City”). We assume the parties’ familiarity with the underlying facts and specification of issues for review.

We conclude that the district court properly granted summary judgment in favor of the City on the ground that plaintiffs lacked standing, under Article III of the U.S. Constitution, to bring their Endangered Species Act 16 U.S.C. § 1540(g)(1)(A) claim. Plaintiffs did not raise a genuine issue as to whether they would suffer any injury if the population of dwarf…