The D.C. Circuit Court of Appeals has dismissed a lawsuit brought by Food & Water Watch against the U.S. Department of Agriculture alleging the agency’s guarantee of a loan to construct a chicken farm violated the National Environmental Policy Act. The court ruled plaintiffs did not have standing because they failed to establish the claims were redressable after providing “no evidence that the lender or the farmer would apply for a new loan guarantee.” The lower court had dismissed the suit on its merits.
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D.C. Circuit Dismisses Chicken Farm Loan Case on Standing Grounds
DC Circuit Confirms Lack of Notice and Comment Alone Does Not Give Standing
The DC Circuit has affirmed a lower court’s ruling that the Center for Biological Diversity does not have standing to challenge the Fish and Wildlife Service’s “framework” for evaluating which animals should be protected under the Endangered Species Act solely because the organization was not provided notice and comment on the program.