The conservationist purpose of several environmental statutes is eroding. This casenote examines the Supreme Court's decision in Bennett v. Spear, in which the Court expanded standing by holding that even commercial entities may sue under the Endangered Species Act's citizen suit provision. The Note traces the progression and development of standing, both generally and with respect to federal environmental statutes. It then analyzes the Bennett v. Spear decision, focusing on the Supreme Court's shift away from environmental interests and toward those of commerce. Finally, the author offers three strategies to restore the environmental protectionist purpose of the Endangered Species Act.
College of Law
Northern Illinois University Law Review
Chaudhari, Preeti S.
"Bennet v. Spear: Lions, Tigers and Bears Beware; The Decline of Environmental Protection,"
Northern Illinois University Law Review: Vol. 18:
3, Article 2.
Preeti S. Chaudhari, Note, Bennet v. Spear: Lions, Tigers and Bears Beware; The Decline of Environmental Protection, 18 N. Ill. U. L. Rev. 553 (1998).