Sierra Club V. Morton 405 Term Paper

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Any allegations of individualized injury is superfluous, they alleged, on the theory that this was a "public" action involving questions as to the use of natural resources.

The Holding was that a person has standing to seek judicial review under the Administrative Procedure Act only if he can show that he himself has suffered or will suffer injury, whether economic or otherwise. In this case, where petitioner asserted no individualized harm to itself or its members, it lacked standing to maintain the action. Sierra Club relies on 10 of the Administrative Procedure Act, which accords judicial review to a "person suffering legal wrong because of agency action, or [who is] adversely affected or aggrieved by agency action within the meaning of a relevant statute."

On the theory that this was a "public" action involving questions as to the use of natural resources, the District Court granted a preliminary injunction. The Court of Appeals reversed, holding that the club lacked standing, and had not shown irreparable injury. As the court noted, this theory reflects a misunderstanding of cases involving so-called "public actions" in the area of administrative law. A party seeking review must allege facts showing that he is himself adversely affected and there was "no allegation in the complaint that members of the Sierra Club would be affected by the actions of Morton other than the fact that the actions are personally displeasing or distasteful to them."

The Court regretfully decided against Sierra Club, affirming that the Court of Appeals was correct in its holding that the Sierra Club lacked standing to maintain this action.

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