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Environmental Law Commons

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2005

Faculty Articles and Other Publications

Environmental Law

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Full-Text Articles in Environmental Law

Standing And Global Warming: Is Injury To All Injury To None?, Bradford Mank Jan 2005

Standing And Global Warming: Is Injury To All Injury To None?, Bradford Mank

Faculty Articles and Other Publications

Since global warming potentially affects everyone in the world, does any individual have standing to sue the U.S. EPA or other federal agencies to force them to address climate change issues? Suits addressing global warming raise difficult standing questions because some Supreme Court decisions have stated or implied that courts should not allow standing for plaintiffs who file suits alleging general injuries to the public at large because the political branches of government - Congress and the executive branch - are better equipped to resolve such issues. There is a better argument, however, for courts to recognize standing for plaintiffs …