Supreme Court Invokes Procedural Rules To Restrict Environmental Group Lawsuits

摘要

The U.S. Supreme Court March 3 tightened procedural requirements in a ruling that restricts the ability of environmental groups and others to challenge federal regulations by filing lawsuits in federal courts (Summers v. Earth Island Institute, U.S., No. 07-463, 3/3/09).rnIn a 5-4 ruling with a majority opinion written by Justice Antonin Scalia, the court said environmental groups must establish with affidavits knowledge of future injuries in order to obtain injunctive relief.rnWhen injunctive relief is sought, a plaintiff must establish an "actual and imminent" threat in the personal affidavits the group introduces as evidence in federal court, the five-member majority concluded.rnThe case involves efforts by environmental groups to challenge a Forest Service rule that limited public participation in certain decisions to allow small timber sales in national forests.