Center for Biological Diversity v. Environmental Protection Agency
Court of Appeals for the D.C. Circuit
1DissentRandolph, Senior Circuit Judge
I disagree that petitioners — the Conservation Groups — have standing under Article III of the Constitution to proceed with their petition for review.1
The case is about the Environmental Protection Agency’s approval of a new insecticide. The Conservation Groups claim that their members will suffer injuries because EPA allegedly neglected to follow proper procedures in approving the insecticide. The “deprivation of a procedural right without some concrete interest that is affected by the deprivation — a procedural right in vacuo — is insufficient to create Article III standing.” Summers v.…
2Cases cited8 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Summers v. Earth Island InstituteSupreme Court of the United States · 2009
- Florida Audubon Society v. Lloyd M. Bentsen, Secretary of the Treasury, and Margaret Richardson, Commissioner of the Internal Revenue ServiceCourt of Appeals for the D.C. Circuit · 1996
- Food & Water Watch, Inc. v. Thomas VilsackCourt of Appeals for the D.C. Circuit · 2015
- Wildearth Guardians v. Sally JewellCourt of Appeals for the D.C. Circuit · 2013
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