[20000314]RS20497_钟摆向后摆动：地球之友诉莱德劳案后的立宪主义.pdf

1 120 S. Ct. 693 (2000).2 Baker v. Carr, 369 U.S. 186, 204 (1962).Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS20497March 14, 2000The Pendulum Swings Back: Standing DoctrineAfter Friends of the Earth v. Laidlaw(name redacted)Legislative AttorneyAmerican Law DivisionSummaryOn January 12, 2000, the Supreme Court held in Friends of the Earth v. Laidlawthat plaintiffs had standing to pursue a Clean Water Act citizen suit, despite the fact that(1) the company-defendant had achieved compliance prior to the district courts decision,(2) plaintiffs sought only civil penalties payable to the U.S. Treasury, and (3) plaintiffshad demonstrated only reasonable concern, not physical injury to the environment. Inso holding, the Court appeared to retrench substantially from its environmental standingdecisions of the 1990s, which had all gone against plaintiffs. In the wake of Laidlaw,environmental citizen suits will be easier to bring. This report will not be updated. During the 1990s, Supreme Court decisions heightened the “standing” hurdle forplaintiffs alleging environmental injury in federal courts. These rulings called in