Disturbing News: Park Police arm themselves against US citizens

Matt Jensen mattj@newsblip.com
Wed, 1 Aug 2001 10:21:39 -0400 (EDT)


On Wed, 1 Aug 2001, Chuck Murcko wrote:

> I did find this:
> 
> http://resourcescommittee.house.gov/104cong/esa/standing.htm
> 
> "... The Ninth Circuit has ruled in a case called Bennett 
> v. Plenert, 63 F. Ed 915 (1995), that only environmentalists may ..."

[IANAL]
I'm just searching around, but I *think* this question is moot now, as the
Supremes threw out the 9th's reasoning.

By the time this case got to the Supreme Court, it was called:
  BENNETT et al. v. SPEAR et al. No. 95-813. 
  Argued November 13, 1996,  Decided March 19, 1997 
  http://laws.lp.findlaw.com/getcase/us/vol/getcase/US/000/95.html-813

The petitioners attacked the "zones of interest" decision, and the
government didn't defend the lower courts ruling on that; they stuck to
other arguments.

Supreme Court decision:

"The first question in the present case is whether the ESA's citizen suit
provision, set forth in pertinent part in the margin, 2 negates the zone
of interests test (or, perhaps more accurately, expands the zone of
interests). We think it does. ... The Court of Appeals erred in affirming
the District Court's dismissal of petitioners' claims for lack of
jurisdiction. Petitioners' complaint alleges facts sufficient to meet the
requirements of Article III standing, and none of their ESA claims is
precluded by the zone of interests test."


-Matt Jensen
 http://mattjensen.com
 http://NewsBlip.com
 Seattle