COMPENDIUM OF SUMMARIES OF JUDICIAL DECISIONS IN ENVIRONMENT RELATED CASES

UNITED STATES

United States - Environmental Protection, Standing

SIERRA CLUB v. MORTON

SUPREME COURT OF THE UNITED STATES, 405 U.S. 727, 92 S.CT. 1361(1972) P. STEWART, J.

Introduction

The Sierra Club brought this action to stop a ski resort development in, and the construction of a road through, the Sequoia National Park. The injury alleged by the Sierra Club was the change in the use to which this area would be put. They sued as a "membership corporation" claiming they had a special interest in the maintenance and conservation of the area. The Sierra Club claimed that the development would destroy or otherwise affect the scenery, natural and historic objects and wildlife in the park, and impair the enjoyment of the park for future generations.

Legislative Framework

Section 10 Administrative Procedure Act.

Held

The Sierra Club does not have standing to bring this action. The impact of the proposed road will not fall indiscriminately upon every citizen, but will be felt directly only by those who use the park, and for whom the aesthetic and recreational values of the area will be lessened by the proposed development.

The Sierra Club has failed to allege that it or its member would be affected in any of their activities or pastimes by this development. Nowhere in the pleadings or affidavits does the Sierra Club claim that its members use the park for any purpose, much less that they would be significantly affected by the development.

In the absence of allegations that the Sierra Club or its members would be affected in any of their activities by the proposed development, the Sierra Club's alleged special interest in the conservation of national game reserves and forests is insufficient for standing.

Cases Cited

Baker v. Carr 369 U.S. 186, 82 S. Ct. 691 (NEPA)