Summers v. Earth Island Institute

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Summers v. Earth Island Institute
Seal of the United States Supreme Court.svg
Argued October 8, 2008
Decided March 3, 2009
Full case name Priscilla Summers, et al., Petitioners v. Earth Island Institute, et al.
Docket nos. 07-463
Citations 555 U.S. 488 (more)
129 S. Ct. 1142; 173 L. Ed. 2d 1; 2009 U.S. LEXIS 1769; 77 U.S.L.W. 4146; 72 Fed. R. Serv. 3d (Callaghan) 1183; 67 ERC (BNA) 1961; 39 ELR 20047; 21 Fla. L. Weekly Fed. S 670
Prior history On writ of certiorari to the United States Court of Appeals for the Ninth Circuit
Holding
Petitioner environmental organizations' claim that it is statistically likely that some of their members will visit the affected lands is insufficient to support Article III standing.
Court membership
Case opinions
Majority Scalia, joined by Roberts, Kennedy, Thomas, Alito
Concurrence Kennedy
Dissent Breyer, joined by Stevens, Souter, Ginsburg
Laws applied
U.S. Const. art. III; Forest Service Decision-making and Appeals Reform Act

Summers v. Earth Island Institute, 555 U.S. 488 (2009), was a United States Supreme Court case decided 5–4 in which several environmental organizations brought suit against the United States Forest Service (USFS) to enjoin that federal agency from implementing rules that would allow the salvage sale of timber from 238 acres of fire-damaged federally owned land without conducting the notice, comment, and appeal process of the Forest Service Decision-making and Appeals Reform Act.