Standing

Center for Biological Diversity v. EPA—The Fifth Circuit Creates A New Hurdle for Environmental Standing

Case Note by Isabel Englehart

Isabel Englehart's case note examines the United States Court of Appeals for the Fifth Circuit's decision in Center for Biological Diversity v. EPA, 937 F.3d 533 (5th Cir. 2019), where the Fifth Circuit held that several plaintiffs to an environmental lawsuit could not establish an injury-in-fact for standing, despite living and spending ample time in the impacted areas.

Courts Address the Finality Requirement To Determine Whether an Agency’s Action Is Ripe for Review

Note by Marjorie P. Dennard

This note explores the United States Court of Appeal for the Fifth Circuit's decision in Texas v. EEOC, 827 F.3d 372 (5th Cir. 2016), in which the Court held that the state of Texas had standing to challenge the EEOC's recent Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964.

 

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