Legal standing – access to court in the US

Delcianna J. Winders

Chapter 63 in Elgar Concise Encyclopedia of Animal Law, 2025, pp 239-241 from Edward Elgar Publishing

Abstract: Legal standing is the right to bring a lawsuit. Standing requirements vary by jurisdiction. Federal courts require constitutional and statutory standing. Constitutional standing requires injury, causation, and redressability. Statutory standing requires plaintiffs to fall within the ‘zone of interests’ protected by the statute at issue and to have injuries that are proximately caused by violations of that statute. States are not bound by federal standing requirements, but most have adopted these requirements. One federal court has recognized constitutional standing for animals but not statutory standing. No state court has yet recognized standing for animals. Both federal and state courts have acknowledged that legislatures are empowered to grant animals standing. Courts have recognized standing for animal advocates based primarily on aesthetic and organizational injuries and, at the state level, statutory provisions. The next era of animal law will likely involve statutes that articulate when suits can be brought directly on behalf of animals—when animals have standing.

Keywords: Access; Harm; Injury; Jurisdiction; Litigation; Standing; Court (search for similar items in EconPapers)
Date: 2025
ISBN: 9781803923666
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