• Mark Ryan

Proper Pleading of Standing is Important

Defendants in citizens suits frequently challenge standing. An analysis I did a couple of years ago found that motions to dismiss on standing grounds failed at a pretty high rate, but they don't all fail. Because a standing motion gives the defendants a chance to avoid the merits of the case, such motions make a lot of sense. This underscores the need for plaintiffs to carefully consider the elements of standing before filing their complaints.

Glynn Environmental Coalition, Inc. v. Sea Island Acquisition, LLC, 2021 WL 313626 (S.D. Ga. 2021) (granting motion to dismiss, held that plaintiff had not shown environmental or procedural injuries in challenge to NWP 39 permit issued for construction in 0.5 acres of wetlands; plaintiff failed to show actual harm caused by fill versus theoretical harm that fill causes to downstream waters; plaintiff failed to allege that she recreated in the wetland or downstream creek prior to the fill; because plaintiff did not show a concrete injury, it could not show a procedural one)

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