The Lujan decision will be assessed firstly, by summarizing the decision in the Case section of this Note. Secondly, the Background section will explore the history of standing litigation with a focus on cases with factual similarities to Lujan. This exploration will include an analysis of the effect of the National Wildlife Federation [hereinafter NWF] case, thus demonstrating standing doctrine as it stood when Lujan was decided. Thirdly, in the Analysis section, three key aspects of the Lujan majority opinion will be analyzed, along with the dissenting and concurring opinions. This analysis will lead to the realization that the era of liberal grants of standing to environmental plaintiffs has come to an end, but will also identify a glimmer of hope for potential environmental litigants. Finally, the Conclusion section will identify questions remaining to be resolved after Lujan.
Donald Strong Higley II, A Slash-and-Burn Expedition Through the Law of Environmental Standing - Lujan v. Defenders of Wildlife, 15 Campbell L. Rev. 347 (1993).