SIERRA CLUB =================================== PETITIONER.
VERSUS
ROGERS C.B. MORTON, INDIVIDUALLY, AND AS SECRETARY
OF THE INTERIOR OF THE UNITED STATES, ET AL======RESPONDENTS.
No.70-34Argued Nov. 17, 1971Decided April 19 TH 1972.
Action by Membership Corporation for declaratory judgement that construction ski resort and
recreation area in national game refuge and forest would contravene federal laws and
preliminary and permanent injunctions restraining federal officials from approving or issuing
permits for the project. The United States District Court for the Northern District of California
granted a preliminary injunction and the defendants appealed.
The United States Court of Appeals, Ninth Circuit, 433 F.2d 24, vacated the injunction and
remanded the case with directions, and certiorari was granted. The Supreme Court, Mr. Justice
Stewart, held that, in absence of allegation that corporation or its members would be affected in
any of their activities or pastimes by the proposed project, the corporation, which claimed special
interest in conservation of natural game refuges and forests, lacked standing under Administrative
Procedure Act to maintain the action.
Affirmed:
Mr. Justice Douglas, Mr. Justice Brennan and Mr. Justice Blackmun filed dissenting opinions.
Mr. Justice Powell and Mr. Justice Rehnquist took no part in consideration or decision of the
case.
- Action-13
“Standing to sue” means that the party has sufficient stake in an otherwise justiciable controversy
to obtain judicial resolution of that controversy.
See Publication Words and Phrases for other judicial constructions and definitions.
- Action-13
Where party does not rely on any specific statute authorizing invocation of judicial process,
question of his standing to sue depends upon whether he has alleged such personal stake in the
outcome of the controversy as to ensure that dispute sought to be adjudicated will be presented in
an adversary context and in a form historically viewed as capable of judicial resolution.
- Administrative Law and Procedure-65
Where Congress has authorized public officials to perform certain functions according to law and
has provided by statute the judicial review of those actions under certain circumstances, inquiry
as to standing must begin with determination of whether statute in question authorizes review at
behest of the plaintiff.
- Constitutional Law-55, 56