Associate Alexander Bandza co-authored an article that examines Michigan state courts’ brief adoption of Article III standing requirements for citizen-suit plaintiffs as witnessed through several recent appellate decisions interpreting the Michigan Environmental Protection Act (MEPA). The authors provide a background on the Michigan Constitution and MEPA and review the shifting historical treatment of Article III standing requirements for citizen-suit plaintiffs in Michigan. The authors conclude that as a practical matter, plaintiffs proceeding on statutory standing-based claims, and defendants responding to such claims, must regularly apprise themselves about the current availability of statutory standing in Michigan state courts in light of this uncertainty.
Mr. Bandza wrote the article with Andrew Armstrong, an attorney at the Environmental Law & Policy Center. The article appears in the newsletter of the American Bar Association Section of Environment, Energy, and Resources Constitutional Law Committee.
The article is available here.