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1 J. Envtl. L. & Litig. 65 (1986)
Standing and Related Procedural Hurdles in Environmental Litigation

handle is hein.journals/jenvll1 and id is 89 raw text is: Roger Beers* Standing and Related Procedural Hurdles In Environmental Litigation P laintiffs in environmental litigation often face a maze of pro- cedural dead ends which they must avoid to get a hearing on the substance of their case. Of principal concern are those doc- trines which may require dismissal in even the most meritorious case-specifically, the requirements of standing, ripeness, implied rights of action, and exhaustion of administrative remedies. The unwary plaintiff may find that he is the wrong person or that his action has been filed at the wrong time or in the wrong place. These problems are hardly unique to environmental litigation. Indeed, they limit the jurisdiction of federal courts to hear any claim. These doctrines have all figured heavily in environmental litigation, however, and often take peculiar twists in that area of the law. This article is a current primer on the major obstacles confronting environmental plaintiffs in the law of standing and re- lated procedural matters. I STANDING When Dr. Samuel Johnson rejected Mrs. Macaulay's argument for the equality of mankind because she would not invite her foot- man to sit down to dinner with them,' his concern did not go to the substance of her argument. He was instead applying a concept * Member, California Bar; B.A. 1965, Baylor University; LL.B. 1968, Harvard University. The author wishes to thank Michael Case, a student at the University of Oregon School of Law, for assistance with research for this article. I J. BOSWELL, THE LIFE OF SAMUEL JOHNSON, LL.D. 775 (3d ed. 1953).

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