THE PROBLEM WITH PARTICULARIZED INJURY: THE DISJUNCTURE BETWEEN BROAD-BASED ENVIRONMENTAL HARM AND STANDING JURISPRUDENCE

摘要

Despite the Massachusetts's Court's sophisticated understanding of how complex natural systems work and how human interactions with them can have diffuse, often delayed, impacts, Massachusetts illustrates the tenacity of the particularized injury test. The lengths to which the majority went to find a particularized harm to Massachusetts from global climate change underscores the poverty of the requirement, making the Court's effort seem like a return to what Blackmun feared in Lujan-"code-pleading formalism."