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- Title
RIPENING GREEN LITIGATION: THE CASE FOR DECONSTITUTIONALIZING RIPENESS IN ENVIRONMENTAL LAW.
- Authors
COON, NORA
- Abstract
The justiciability doctrines of standing and ripeness routinely prevent courts from reaching the merits of environmental cases. In 2014, the Ninth Circuit dealt with the legal sources of standing and ripeness in Montana Environmental Information Center v. Stone- Manning. Affirming the lower court's dismissal of a challenge to the possible approval of a surface mining permit, the Ninth Circuit ascribed ripeness to the Article III limitation on federal jurisdiction. This Chapter uses the case as a lens to examine the elision of standing and ripeness in the Ninth Circuit. It argues that the Ninth Circuit should abandon the tripartite structure that it currently employs--standing, constitutional ripeness, and prudential ripeness--and instead recognize only two doctrines: an Article III standing doctrine and a prudential ripeness doctrine.
- Subjects
ENVIRONMENTAL law; RIPENESS (Law); APPELLATE courts; JURISPRUDENCE; CONSTITUTIONAL law; ACTIONS &; defenses (Law)
- Publication
Environmental Law (Lewis & Clark Law School), 2015, Vol 45, Issue 3, p811
- ISSN
2831-9028
- Publication type
Article