Recommended Citation
Danieli Evans, Concrete Private Interest in Regulatory Enforcement: Tradable Environmental Resource Rights as a Basis for Standing, 29 YALE J. ON REG. 201 (2012), https://digitalcommons.law.uw.edu/faculty-articles/1083
Publication Title
Yale Journal on Regulation
Keywords
Administrative Procedures Act, citizen suits, standing doctrine, environmental protection legislation
Document Type
Article
Abstract
This Note proposes a novel solution to standing problems faced by environmental plaintifs seeking to enforce, or to compel agencies to enforce, environmental regulation. It argues that environmental plaintifs should be able to obtain standing to bring an Administrative Procedure Act (APA) review action or a citizen suit based on ownership of private tradable environmental resource rights, created by increasingly popular environmental privatization programs. These rights should operate as a basis for standing even for plaintifs who would otherwise be unable to meet standing requirements of individual injury, causation, and redressability. Relying on tradable rights to environmental resources as a basis for standing in APA review actions or citizen suits would maximize the benefits of citizen participation while averting the concerns associated with broad grants of standing.