By Andrew H. Perellis and Patrick D. Joyce

Supreme CourtSeyfarth Synopsis: U.S. Supreme Court: mere violation of a statute creating a private right of action is not itself sufficient to satisfy the standing requirement under Article III’s “case or controversy.” To establish federal jurisdiction a plaintiff must still establish an “injury in fact” that is both particularized and concrete. As a
Continue Reading Does the Supreme Court’s ruling in Spokeo v. Robins Change the Standing Requirements for Pursuing Environmental Citizen Suit Claims?

By Craig B. Simonsen and Jeryl L. Olson

The District Court of Idaho, in Idaho Conservation League v. Atlanta Gold Corporation, No. 11-CV-161 (January 9, 2012), recently granted summary judgment to allow standing in a citizen’s suit. In the case, Atlantic Gold Corporation (Defendant) held a U.S. Environmental Protection Agency (EPA) National Pollutant Discharge Elimination System (NPDES) permit which

Continue Reading District Court Finds Citizen Suit Standing in NPDES Permit Violations Case – Grants Summary Judgment on Liability