Jump to ContentJump to Main Navigation
The Right of Nonuse$
Users without a subscription are not able to see the full content.

Jan G. Laitos

Print publication date: 2012

Print ISBN-13: 9780195386066

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780195386066.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 02 December 2020

The Problem of Standing

The Problem of Standing

May Natural Resources Raise Their Own Right of Nonuse?

(p.213) 18 The Problem of Standing
The Right of Nonuse

Jan G. Laitos

Oxford University Press

This chapter seeks to establish that, in the United States, a standing test for natural resource protection should not necessarily be based only in terms of an injury to a human being. In federal courts, the Article III “case or controversy” requirement has demanded that the judiciary be confronted with an injury that is experienced by a human (or a “person”) before a right can be asserted. In state courts there is a similar anthropocentric bias for plaintiffs that are human, and who have been injured. Rather than require humans to demonstrate their uniquely human injury in order to raise the rights of a natural resource, it should be acceptable for a natural resource to allege that its own cognizable right of nonuse has been violated, and to show that it (and not a human) has suffered an injury-in-fact, which in turn permits it to assert its rights in court.

Keywords:   resource protection, standing test, rights of nonuse, United States, injury

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .