This Note proposes a novel solution to standing problems faced by environmental plaintiffs seeking to enforce, or to compel agencies to enforce, environmental regulation. It argues that environmental plaintiffs should be able to obtain standing to bring an Administrative Procedure Act (APA) review action or a citizen suit based on ownership of private tradable environmental resource rights, created by increasingly popular environmental privatization programs. These rights should operate as a basis for standing even for plaintiffs who would otherwise be unable to meet standing requirements of individual injury, causation, and redressability. Relying on tradable rights to environmental resources as a basis for standing in APA review actions or citizen suits would maximize the benefits of citizen participation while averting the concerns associated with broad grants of standing.
Concrete Private Interest in Regulatory Enforcement: Tradable Environmental Resource Rights as a Basis for Standing,
Yale J. on Reg.
Available at: http://digitalcommons.law.yale.edu/yjreg/vol29/iss1/8