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Maxine Goodman Levin College Of Urban Affairs Biennial Report: 2007-2009 Levin. Changing America's Cities..., Csu University Marketing
Maxine Goodman Levin College Of Urban Affairs Biennial Report: 2007-2009 Levin. Changing America's Cities..., Csu University Marketing
All Maxine Goodman Levin School of Urban Affairs Publications
The Maxine Goodman Levin College of Urban Affairs is known for its commitment to thought leadership in urban public policy and city management. During the past biennium, we reinforced that reputation and made important investments in Levin’s future.
Equal Standing With States: Tribal Sovereignty And Standing After Massachusetts V. Epa, Joseph Mead, Nicholas Fromherz
Equal Standing With States: Tribal Sovereignty And Standing After Massachusetts V. Epa, Joseph Mead, Nicholas Fromherz
All Maxine Goodman Levin School of Urban Affairs Publications
In Massachusetts v. EPA, 549 U.S. 497 (2007), the Supreme Court held that Massachusetts was entitled to "special solicitude" in the standing analysis because it was sovereign. As a result, Massachusetts passed the standing threshold in a global warming case where an ordinary litigant may have been stymied. The Supreme Court’s analysis raises an interesting question: Are Indian tribes—which have been considered sovereign entities since before the founding, and which hold lands facing heavy environmental pressure—entitled to "special solicitude" as well? We think they should be.
To make this argument, we begin by discussing standing basics; dissecting Massachusetts v. …