The Ninth Circuit, in Bennett v. Plenert, ruled that plaintiffs' economic injury did not satisfy the requirements for standing under the citizen-suit provision of the Endangered Species Act ("ESA"). The Ninth Circuit imposed the zone of interests test in addition to Article III standing requirements. Under the ESA's citizen-suit provision, the zone of interests test means that plaintiffs must assert "an interest in the preservation of endangered species" to have standing. Plaintiffs appealed the Ninth Circuit's decision, and the Supreme Court has granted certiorari. The Court will likely resolve a division among the circuits in applying or not applying the zone of interests test to ESA citizen suits.
"Bennett v. Plenert: The Ninth Circuit's Application of the Zone of Interests Test to Citizen Suits under the Endangered Species Act,"
Mercer Law Review: Vol. 48:
2, Article 15.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol48/iss2/15