Verified Document

Administrative Law Case Study

Administrative Law Lujan v. Defenders of Wildlife

Facts: Lujan, the secretary of the Interior is representing the federal government. Defenders of Wildlife is an organization that exists for the purpose of protecting endangered animals. In 1973 the federal government enacted Section 7(a)(2) of the Endangered Species Act, which was originally designed to protect endangered species in the United States and foreign nations. However, the law was scaled back to only apply to the United States and the high seas. Defenders of Wildlife filed a lawsuit to enjoin Lujan to reinstate the older phrasing of the rule. The case was dismissed at the district court level for lack of standing, the 8th circuit court of appeals affirmed and the Supreme Court granted cert.

Issue: What must a party show to prove standing?

Decision: In order to show federal standing, the party must prove that there...

The injury must be actual meaning a concrete, physical event.
Reasoning: The court ruled that the parties had not shown standing because none of the members were actually harmed by actions done to endangered species abroad. In order to establish standing, the parties must have established that at least on member of their group would suffer actual harm due to the actions of businesses abroad.

Dissent: Justice Blackmun argued that the court mistakenly raised the burden for standing from a "genuine issue" standard to an "actual or imminently harmed" standard.

Analysis: I agree with the majority. The Defenders of Wildlife had no evidence that a single member of the group suffered any physical or financial harm due to the restricting of the law. While the organization may not have agreed with the government's decision, the government has not harmed…

Cite this Document:
Copy Bibliography Citation

Related Documents

Administrative Law and Due Process
Words: 1472 Length: 4 Document Type: Essay

Administrative Law & Due Process The legal foundation for due process in the U.S. is the 5th Amendment which stipulates that the infringement of certain rights of citizens with respect to life, liberty, and property will not be permitted without due process of law. The two fundamental aspects of due process are notice and hearing. The processes themselves have evolved over time, but they are manifestations of the idea that deleterious

Administrative Law Is a Very
Words: 769 Length: 2 Document Type: Term Paper

Fairness and due process were not all that were learned in the course, however. Agency discretion is another significant issue today, and it is important here to name, describe, and give an example of two different types of agency discretion as seen in Hall's (2004) textbook. The first one of these is prosecutorial discretion, and this took place in the case of General Motors v. Federal Energy Regulatory Commission. Prosecutorial

New Healthcare Laws and Effects on Administrative Laws
Words: 3260 Length: 10 Document Type: Essay

Administrative Law & Health Reform The entire discussion regarding health care reform in the United States is greatly influenced by ethical and policy considerations. The field of health care is vast and complicated and is even hard to define. The debate ranges from what should be the mission of health care in America; to what should be its function; and what services should be available (Fein, 2003). Adding to the debate

Australian Administrative Law Seeking Reasons for an
Words: 1743 Length: 5 Document Type: Essay

Australian Administrative Law Seeking Reasons for an Administrative Decision SOUTHERN FARMERS GROUP LTD Level 6, Juvenile House, 12 Independent Street, Adelaide Facsimile: 323-7-895 The Honorable Mr. David Goren DEPUTY COMMISSIONER OF TAXATION (SA) Travel House Income Tax Assessment Act 1936 s 263 Dear Mr. Goren, Request for Statement of Reasons We file this application on behalf of Southern Farmers Group Limited. We request for a written statement of material facts, evidence and reasons under section 263 of the Income Tax Assessment

Politics of Administrative Law
Words: 1193 Length: 4 Document Type: Term Paper

Politics of Administrative Law An Examination of the Challenges Presented by NLRB vs. Jones & Laughlin Steel Corp. To the Political, Economic, and Legal Philosophies Developed from Munn vs. Illinois and Lochner vs. New York As the 19th century drew to a close, the impact of the Industrial Revolution resulted in shifts in the social contract and witnessed the beginnings of the concentration of corporate power in the hands of big trusts

Yates V U S Impact on Administrative Law
Words: 349 Length: 1 Document Type: Peer Response

Response 1 Case: Citizens to preserve Overton Park v. Volpe This particular case was decided by the US Supreme Court. In essence, as Cann (2005) points out, the said court “clarified the guidelines for judicial review of discretionary agency actions” (153). It therefore follows that this is a case of great relevance in the realm of administrative law as it underlines the relevance of judicial controls (as opposed to political controls) over

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now