Attorneys See 5th Circuit Standing Decision Limited By Case’s Complexity

Environmentalists are downplaying the U.S. Court of Appeals for the 5th Circuit’s recent decision that said they must demonstrate harm from each alleged Clean Air Act violation in a multi-pronged air suit, saying the decision merely sets out a roadmap for litigating complex cases rather than tightening the court’s overall standing test. “It does not appear to us that they have changed in any way the test for standing in the 5th Circuit. . . . It’s only the circumstance...