Overview Edit

The case or controversy requirement of Article III, Section 2 of the U.S. Constitution, which constitutes “the irreducible constitutional minimum of standing,”[1] requires that a plaintiff show:

(1) it has suffered an ‘injury in fact’ that is (a) concrete and particularized and (b) actual or imminent, not conjectural or hypothetical; (2) the injury is fairly traceable to the challenged action of the defendant; and (3) it is likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision.[2]

The party asserting federal jurisdiction bears the burden of establishing these requirements at every stage of the litigation, as it does for “any other essential element of the case.”[3]

On appeal from a motion to dismiss, a plaintiff need only show that the facts alleged, if proven, would confer standing.[4]

References Edit

  1. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 (1992).
  2. Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc., 528 U.S. 167, 180-81 (2000).
  3. Central Delta Water Agency v. United States, 306 F.3d 938, 947 (9th Cir. 2002).
  4. See id.

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