“Standing” – a person’s right to sue someone else for injury – is a fundamental issue in every case. In 2016, the U.S. Supreme Court decided Spokeo v. Robins, which required that a person’s injury be both “concrete” and “particularized” to confer standing.
Since Spokeo, the environmental bar has been left guessing how Spokeo would play out in environmental cases, as many environmental cases are rooted in federal statutes that give private individuals the right to sue. That question was answered for the first time last week when a federal judge in North Carolina dismissed a lawsuit brought under the Resource Conservation and Recovery Act (RCRA) and the Coal Combustion Residuals (CCR) rule, in part because the plaintiff environmental group failed to meet the standing test established under Spokeo. Continue Reading Recent RCRA Ruling Offers Insight on Applying Spokeo to Environmental Citizen Suits