Climate change and citizen standing : the evolution of procedural standing in environmental litigation
Abstract
The standing doctrine is an evolving judicial tool to limit cases in the courtroom. However, the issue of how citizens are granted standing in environmental litigation remains unclear. This thesis will analyze the evolution of the standing doctrine and the requirements for future environmental litigation through an analysis of the more prominent cases that set the historical precedent. Particularly, this thesis is focused through the lens of climate change and the additional hurdles its standing requirements can bring to litigation brought by individual citizens. Jurisdiction has become a very complex issue in climate change lawsuits. While at first glance it may seem that causation is the largest obstacle for climate change plaintiffs, injury is equally difficult to prove. This thesis looks at the use of present and future injury in addressing the requirements for standing, as well as whether the injury can be redressed by the courts. Standing, which is a threshold issue for any court, has been limited to past harm. However, looking at issues regarding climate change requires the court to consider how the present impacts the future of litigation. Climate change litigation brings a new angle to these debates and will force the courts to reevaluate their previous conclusions.
Notes
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Thesis Completion
2010
Semester
Spring
Advisor
Cook, Kathy
Degree
Bachelor of Arts (B.A.)
College
College of Health and Public Affairs
Degree Program
Legal Studies
Subjects
Dissertations, Academic -- Health and Public Affairs;Health and Public Affairs -- Dissertations, Academic
Format
Identifier
DP0022554
Language
English
Access Status
Open Access
Length of Campus-only Access
None
Document Type
Honors in the Major Thesis
Recommended Citation
Murphy, Michelle D., "Climate change and citizen standing : the evolution of procedural standing in environmental litigation" (2010). HIM 1990-2015. 1030.
https://stars.library.ucf.edu/honorstheses1990-2015/1030