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45 Ga. L. Rev. [i] (2010-2011)

handle is hein.journals/geolr45 and id is 1 raw text is: GEORGIA LAW REVIEW
VOLUME 45                    FALL 2010                    NUMBER 1
Limiting Article III Standing to Accidental
Plaintiffs: Lessons from Environmental and
Animal Law Cases       ................... Robert J. Pushaw, Jr. 1
According to the Supreme Court, Article III's extension
of judicial Power to Cases and Controversies limits
standing to plaintiffs who can demonstrate an
individualized injury in fact that was caused by the
defendant and that is judicially redressable. Article III's
text and history, however, do not mention injury,
causation, or redressability.
Furthermore, these standards are malleable and have
been applied to achieve ideological goals, especially in
cases involving environmental and animal-welfare laws.
Most notably, the Court has recognized an injury in fact
to one's aesthetic enjoyment of nature, but determining
such an injury is arbitrary because aesthetics is a matter
of personal taste. Judges have exercised similar unbridled
discretion in ascertaining causation and redressability.
The result has often been a judicial takeover of important
policy issues.
Standing decisions are so inconsistent and politicized
that most scholars have recommended abandoning the
doctrine.  However, stare decisis will prevent such a
radical change.   Therefore, I offer a more realistic
approach that retains the existing standing framework but
modifies its elements. My touchstone is the historical
meaning of an Article III case, which restricts court
access to plaintiffs whose legal rights have been invaded
fortuitously because of a chance event beyond their control.
Applying this test, courts would find an injury in fact
only when it befell a plaintiff by accident, not when
someone manufactured a lawsuit by claiming aesthetic
harm. Insisting on a fortuitous injury would also make it

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