"WHO DO YOU THINK YOU ARE?": TALES FROM THE TRENCHES OF THE ENVIRONMENTAL STANDING BATTLE

Mr. Van Tuyn identifies as a significant trend in environmental law the increasing tendency of federal judges to dismiss proenvironment lawsuits for lack of standing. The trend has been facilitated by United States Supreme Court Justice Antonin Scalia, who urged in a 1983 law review article a stricter application of the standing doctrine for environmental plaintiffs and who has applied this strict test in several Supreme Court cases. The private defense bar and Department of Justice have followed suit, Mr. Van Tuyn argues, raising standing as a defense in improbable circumstances without regard to the practical results of their position, including the greatly increased costs of litigating cases in the public interest.