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The Right of Nonuse$
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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

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The Problem of Standing

The Problem of Standing

May Natural Resources Raise Their Own Right of Nonuse?

Chapter:
(p.213) 18 The Problem of Standing
Source:
The Right of Nonuse
Author(s):

Jan G. Laitos

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195386066.003.0018

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

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