Legal Opinion · Dissent

Center for Biological Diversity v. Environmental Protection Agency

Court of Appeals for the D.C. Circuit

Decided June 30, 2017No. 14-1036 Consolidated with 15-5168Published

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

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Summers v. Earth Island InstituteSupreme Court of the United States · 2009
  3. 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
  4. Food & Water Watch, Inc. v. Thomas VilsackCourt of Appeals for the D.C. Circuit · 2015
  5. Wildearth Guardians v. Sally JewellCourt of Appeals for the D.C. Circuit · 2013

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