TITLE

Giving States More to Stand On: Why Special Solicitude Should Not Be Necessary

AUTHOR(S)
Henke, Christie
PUB. DATE
August 2008
SOURCE
Ecology Law Quarterly;2008, Vol. 35 Issue 3, p385
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
In Massachusetts v. EPA, the United States Supreme Court attempted to relax the standing requirements for states that are suing the federal government. The decision is based on a new and confusing rule that a state should be given special consideration--or "special solicitude "--when courts consider whether it has standing to sue the federal government. The majority relied on the parens patriae doctrine, which gives a state the right to sue on behalf of its citizens to protect its quasi-sovereign interests-such as "the health and comfort of its inhabitants" and the "earth and air in its domain." This Note argues that states should have the right to sue the federal government on behalf of their citizens, and that the Court should extend the parens patriae doctrine to permit this kind of lawsuit.
ACCESSION #
35648852

 

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