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Has the Supreme Court Armed Property Owners in Their Fight against Environmentalists? Bennett v. Spear and Its Effect on Environmental Litigation

Abstract

After a long history of environmentalists using the Endangered Species Act ("ESA") to sue for under-enforcement of environmental regulations, the Supreme Court has recently ruled that property owners also have standing to sue for over-enforcement of environmental regulations. The Court held that the "zone of interests" test is not applicable to the ESA's citizen suit provision. Thus, plaintiffs with recreational or economic interests have standing to bring suit under the ESA. The Note then discusses the future implications of this unanimous Supreme Court opinion.

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41 Ariz. L. Rev. 227 (1999)

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Authors

Todd William Roles (University of Arizona)

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