Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Is Voting Necessary? Organization Standing And Non-Voting Members Of Environmental Advocacy Organizations, Karl S. Coplan
Is Voting Necessary? Organization Standing And Non-Voting Members Of Environmental Advocacy Organizations, Karl S. Coplan
Elisabeth Haub School of Law Faculty Publications
This article will examine the law of standing, and specifically, the conflicting decisions concerning the importance of voting rights in order to establish organizational standing. The article concludes that voting rights should not be essential to the assertion of representational standing. Nevertheless, the article will also consider alternate forms of organization that will improve an organization's chances of establishing representational standing, while addressing the concerns that lead organizations to avoid a voting membership in the first place.
Direct Environmental Standing For Chartered Conservation Corporations, Karl S. Coplan
Direct Environmental Standing For Chartered Conservation Corporations, Karl S. Coplan
Elisabeth Haub School of Law Faculty Publications
This article suggests that, as an antidote to the ever-tightening restrictions on individual environmental standing, a state may charter a not-for-profit corporation organized to protect a particular environmental resource, giving the corporation a non-exclusive portion of the State's interest in enforcing applicable environmental protections. The dichotomy between not-for-profit organizations that may litigate only as the representative of individual members' interests, and business corporations that assert their own direct economic interests, may seem natural to our late-twentieth-century sensibility, but is not founded in original intent. The framers of Article III, which grants jurisdiction over “cases and controversies” to the federal courts, …
Refracting The Spectrum Of Clean Water Act Standing In Light Of Lujan V. Defenders Of Wildlife, Karl S. Coplan
Refracting The Spectrum Of Clean Water Act Standing In Light Of Lujan V. Defenders Of Wildlife, Karl S. Coplan
Elisabeth Haub School of Law Faculty Publications
First, this article will review the impetus and purposes for the Clean Water Act of 1972, including its citizen suit provision, particularly as these purposes relate to the elimination of specific harm or causation requirements in enforcement actions under its provisions. Second, this article will briefly review the basic elements of Article III standing requirements as enunciated by the Supreme Court, and the development of Supreme Court standing doctrine in environmental cases leading up to and including the Defenders of Wildlife decision. Then the article will survey the various approaches courts have taken in applying Article III standing doctrine to …