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- NOTICE: This opinion is subject to formal revision before publication in the
- preliminary print of the United States Reports. Readers are requested to
- notify the Reporter of Decisions, Supreme Court of the United States, Wash-
- ington, D.C. 20543, of any typographical or other formal errors, in order that
- corrections may be made before the preliminary print goes to press.
- SUPREME COURT OF THE UNITED STATES
- --------
- No. 90-1424
- --------
- MANUEL LUJAN, Jr., SECRETARY OF THE
- INTERIOR, PETITIONER v. DEFENDERS
- OF WILDLIFE et al.
- on writ of certiorari to the united states court of
- appeals for the eighth circuit
- [June 12, 1992]
-
- Justice Scalia delivered the opinion of the Court with
- respect to Parts I, II, III-A, and IV, and an opinion with
- respect to Part III-B in which the Chief Justice, Justice
- White, and Justice Thomas join.
- This case involves a challenge to a rule promulgated by
- the Secretary of the Interior interpreting 7 of the Endan-
- gered Species Act of 1973 (ESA), 87 Stat. 892, as amended,
- 16 U. S. C. 1536, in such fashion as to render it applicable
- only to actions within the United States or on the high seas.
- The preliminary issue, and the only one we reach, is
- whether the respondents here, plaintiffs below, have
- standing to seek judicial review of the rule.
- I
- The ESA, 87 Stat. 884, as amended, 16 U. S. C. 1531 et
- seq., seeks to protect species of animals against threats to
- their continuing existence caused by man. See generally
- TVA v. Hill, 437 U. S. 153 (1978). The ESA instructs the
- Secretary of the Interior to promulgate by regulation a list
- of those species which are either endangered or threatened
- under enumerated criteria, and to define the critical habitat
- of these species. 16 U. S. C. 1533, 1536. Section 7(a)(2)
- of the Act then provides, in pertinent part:
- ``Each Federal agency shall, in consultation with and
- with the assistance of the Secretary [of the Interior],
- insure that any action authorized, funded, or carried
- out by such agency . . . is not likely to jeopardize the
- continued existence of any endangered species or
- threatened species or result in the destruction or
- adverse modification of habitat of such species which is
- determined by the Secretary, after consultation as
- appropriate with affected States, to be critical.'' 16
- U. S. C. 1536(a)(2).
- In 1978, the Fish and Wildlife Service (FWS) and the
- National Marine Fisheries Service (NMFS), on behalf of the
- Secretary of the Interior and the Secretary of Commerce
- respectively, promulgated a joint regulation stating that the
- obligations imposed by 7(a)(2) extend to actions taken in
- foreign nations. 43 Fed. Reg. 874 (1978). The next year,
- however, the Interior Department began to reexamine its
- position. Letter from Leo Kuliz, Solicitor, Department of
- the Interior, to Assistant Secretary, Fish and Wildlife and
- Parks, Aug. 8, 1979. A revised joint regulation, reinterpret-
- ing 7(a)(2) to require consultation only for actions taken in
- the United States or on the high seas, was proposed in
- 1983, 48 Fed. Reg. 29990 (1983), and promulgated in 1986,
- 51 Fed. Reg. 19926 (1986); 50 C.F.R. 402.01 (1991).
- Shortly thereafter, respondents, organizations dedicated
- to wildlife conservation and other environmental causes,
- filed this action against the Secretary of the Interior,
- seeking a declaratory judgment that the new regulation is
- in error as to the geographic scope of 7(a)(2), and an
- injunction requiring the Secretary to promulgate a new
- regulation restoring the initial interpretation. The District
- Court granted the Secretary's motion to dismiss for lack of
- standing. Defenders of Wildlife v. Hodel, 658 F. Supp. 43,
- 47-48 (Minn. 1987). The Court of Appeals for the Eighth
- Circuit reversed by a divided vote. Defenders of Wildlife v.
- Hodel, 851 F. 2d 1035 (1988). On remand, the Secretary
- moved for summary judgment on the standing issue, and
- respondents moved for summary judgment on the merits.
- The District Court denied the Secretary's motion, on the
- ground that the Eighth Circuit had already determined the
- standing question in this case; it granted respondents'
- merits motion, and ordered the Secretary to publish a
- revised regulation. Defenders of Wildlife v. Hodel, 707 F.
- Supp. 1082 (Minn. 1989). The Eighth Circuit affirmed. 911
- F. 2d 117 (1990). We granted certiorari, 500 U. S. ___
- (1991).
-
- II
- While the Constitution of the United States divides all
- power conferred upon the Federal Government into -legisla-
- tive Powers,- Art. I, 1, -[t]he executive Power,- Art. II, 1,
- and -[t]he judicial Power,- Art. III, 1, it does not attempt
- to define those terms. To be sure, it limits the jurisdiction
- of federal courts to -Cases'' and ``Controversies,- but an
- executive inquiry can bear the name -case- (the Hoffa case)
- and a legislative dispute can bear the name -controversy-
- (the Smoot-Hawley controversy). Obviously, then, the
- Constitution's central mechanism of separation of powers
- depends largely upon common understanding of what
- activities are appropriate to legislatures, to executives, and
- to courts. In The Federalist No. 48, Madison expressed the
- view that -[i]t is not infrequently a question of real nicety
- in legislative bodies whether the operation of a particular
- measure will, or will not, extend beyond the legislative
- sphere,- whereas -the executive power [is] restrained within
- a narrower compass and . . . more simple in its nature,- and
- -the judiciary [is] described by landmarks still less uncer-
- tain.- The Federalist No. 48, p. 256 (Carey and McClellan
- eds. 1990). One of those landmarks, setting apart the
- -Cases'' and ``Controversies- that are of the justiciable sort
- referred to in Article III-``serv[ing] to identify those
- disputes which are appropriately resolved through the
- judicial process,- Whitmore v. Arkansas, 495 U. S. 149, 155
- (1990)-is the doctrine of standing. Though some of its
- elements express merely prudential considerations that are
- part of judicial self-government, the core component of
- standing is an essential and unchanging part of the case-or-
- controversy requirement of Article III. See, e. g., Allen v.
- Wright, 468 U. S. 737, 751 (1984).
- Over the years, our cases have established that the
- irreducible constitutional minimum of standing contains
- three elements: First, the plaintiff must have suffered an
- -injury in fact--an invasion of a legally-protected interest
- which is (a) concrete and particularized, see id., at 756;
- Warth v. Seldin, 422 U. S. 490, 508 (1975); Sierra Club v.
- Morton, 405 U. S. 727, 740-741, n. 16 (1972); and (b)
- -actual or imminent, not `conjectural' or `hypothetical,'-
- Whitmore, supra, at 155 (quoting Los Angeles v. Lyons, 461
- U. S. 95, 102 (1983)). Second, there must be a causal
- connection between the injury and the conduct complained
- of-the injury has to be -fairly . . . trace[able] to the
- challenged action of the defendant, and not . . . th[e] result
- [of] the independent action of some third party not before
- the court.- Simon v. Eastern Kentucky Welfare Rights Org.,
- 426 U. S. 26, 41-42 (1976). Third, it must be -likely,- as
- opposed to merely -speculative,- that the injury will be
- -redressed by a favorable decision.- Id., at 38, 43.
- The party invoking federal jurisdiction bears the burden
- of establishing these elements. See FW/PBS, Inc. v.
- Dallas, 493 U. S. 215, 231 (1990); Warth, supra, at 508.
- Since they are not mere pleading requirements but rather
- an indispensable part of the plaintiff's case, each element
- must be supported in the same way as any other matter on
- which the plaintiff bears the burden of proof, i.e., with the
- manner and degree of evidence required at the successive
- stages of the litigation. See Lujan v. National Wildlife
- Federation, 497 U. S. 871, 883-889 (1990); Gladstone,
- Realtors v. Village of Bellwood, 441 U. S. 91, 114-115, and
- n. 31 (1979); Simon, supra, at 45, n. 25; Warth, supra, at
- 527, and n. 6 (Brennan, J., dissenting). At the pleading
- stage, general factual allegations of injury resulting from
- the defendant's conduct may suffice, for on a motion to
- dismiss we -presum[e] that general allegations embrace
- those specific facts that are necessary to support the claim,-
- National Wildlife Federation, supra, at 889. In response to
- a summary judgment motion, however, the plaintiff can no
- longer rest on such -mere allegations,- but must -set forth-
- by affidavit or other evidence -specific facts,- Fed. Rule Civ.
- Proc. 56(e), which for purposes of the summary judgment
- motion will be taken to be true. And at the final stage,
- those facts (if controverted) must be -supported adequately
- by the evidence adduced at trial,- Gladstone, supra, at 115,
- n. 31.
- When the suit is one challenging the legality of govern-
- ment action or inaction, the nature and extent of facts that
- must be averred (at the summary judgment stage) or
- proved (at the trial stage) in order to establish standing
- depends considerably upon whether the plaintiff is himself
- an object of the action (or forgone action) at issue. If he is,
- there is ordinarily little question that the action or inaction
- has caused him injury, and that a judgment preventing or
- requiring the action will redress it. When, however, as in
- this case, a plaintiff's asserted injury arises from the
- government's allegedly unlawful regulation (or lack of
- regulation) of someone else, much more is needed. In that
- circumstance, causation and redressability ordinarily hinge
- on the response of the regulated (or regulable) third party
- to the government action or inaction-and perhaps on the
- response of others as well. The existence of one or more of
- the essential elements of standing -depends on the unfet-
- tered choices made by independent actors not before the
- courts and whose exercise of broad and legitimate discretion
- the courts cannot presume either to control or to predict,-
- ASARCO Inc. v. Kadish, 490 U. S. 605, 615 (1989) (opinion
- of Kennedy, J.); see also Simon, supra, at 41-42; and it
- becomes the burden of the plaintiff to adduce facts showing
- that those choices have been or will be made in such
- manner as to produce causation and permit redressability
- of injury. E.g., Warth, supra, at 505. Thus, when the
- plaintiff is not himself the object of the government action
- or inaction he challenges, standing is not precluded, but it
- is ordinarily -substantially more difficult- to establish.
- Allen, supra, at 758; Simon, supra, at 44-45; Warth, supra,
- at 505.
- III
- We think the Court of Appeals failed to apply the
- foregoing principles in denying the Secretary's motion for
- summary judgment. Respondents had not made the
- requisite demonstration of (at least) injury and redress-
- ability.
- A
- Respondents' claim to injury is that the lack of consulta-
- tion with respect to certain funded activities abroad
- -increas[es] the rate of extinction of endangered and threat-
- ened species.- Complaint -5, App. 13. Of course, the
- desire to use or observe an animal species, even for purely
- aesthetic purposes, is undeniably a cognizable interest for
- purpose of standing. See, e. g., Sierra Club v. Morton, 405
- U. S., at 734. -But the `injury in fact' test requires more
- than an injury to a cognizable interest. It requires that the
- party seeking review be himself among the injured.- Id., at
- 734-735. To survive the Secretary's summary judgment
- motion, respondents had to submit affidavits or other
- evidence showing, through specific facts, not only that listed
- species were in fact being threatened by funded activities
- abroad, but also that one or more of respondents' members
- would thereby be -directly- affected apart from their
- ```special interest' in th[e] subject.- Id., at 735, 739. See
- generally Hunt v. Washington State Apple Advertising
- Comm'n., 432 U. S. 333, 343 (1977).
- With respect to this aspect of the case, the Court of
- Appeals focused on the affidavits of two Defenders' mem-
- bers-Joyce Kelly and Amy Skilbred. Ms. Kelly stated that
- she traveled to Egypt in 1986 and -observed the traditional
- habitat of the endangered nile crocodile there and intend[s]
- to do so again, and hope[s] to observe the crocodile directly,-
- and that she -will suffer harm in fact as a result of [the]
- American . . . role . . . in overseeing the rehabilitation of the
- Aswan High Dam on the Nile . . . and [in] develop[ing] . . .
- Egypt's . . . Master Water Plan.- App. 101. Ms. Skilbred
- averred that she traveled to Sri Lanka in 1981 and -ob-
- served th[e] habitat- of -endangered species such as the
- Asian elephant and the leopard- at what is now the site of
- the Mahaweli Project funded by the Agency for Internation-
- al Development (AID), although she -was unable to see any
- of the endangered species;- -this development project,- she
- continued, -will seriously reduce endangered, threatened,
- and endemic species habitat including areas that I visited
- . . . [, which] may severely shorten the future of these
- species;- that threat, she concluded, harmed her because
- she -intend[s] to return to Sri Lanka in the future and
- hope[s] to be more fortunate in spotting at least the
- endangered elephant and leopard.- Id., at 145-146. When
- Ms. Skilbred was asked at a subsequent deposition if and
- when she had any plans to return to Sri Lanka, she
- reiterated that -I intend to go back to Sri Lanka,- but
- confessed that she had no current plans: -I don't know
- [when]. There is a civil war going on right now. I don't
- know. Not next year, I will say. In the future.- Id., at 318.
- We shall assume for the sake of argument that these
- affidavits contain facts showing that certain agency-funded
- projects threaten listed species-though that is question-
- able. They plainly contain no facts, however, showing how
- damage to the species will produce -imminent- injury to
- Mss. Kelly and Skilbred. That the women -had visited- the
- areas of the projects before the projects commenced proves
- nothing. As we have said in a related context, -`[p]ast
- exposure to illegal conduct does not in itself show a present
- case or controversy regarding injunctive relief . . . if unac-
- companied by any continuing, present adverse effects.'-
- Lyons, 461 U. S., at 102 (quoting O'Shea v. Littleton, 414
- U. S. 488, 495-496 (1974)). And the affiants' profession of
- an -inten[t]- to return to the places they had visited
- before-where they will presumably, this time, be deprived
- of the opportunity to observe animals of the endangered
- species-is simply not enough. Such -some day- inten-
- tions-without any description of concrete plans, or indeed
- even any specification of when the some day will be-do not
- support a finding of the -actual or imminent- injury that
- our cases require. See supra, at 4.
- Besides relying upon the Kelly and Skilbred affidavits,
- respondents propose a series of novel standing theories.
- The first, inelegantly styled -ecosystem nexus,- proposes
- that any person who uses any part of a -contiguous ecosys-
- tem- adversely affected by a funded activity has standing
- even if the activity is located a great distance away. This
- approach, as the Court of Appeals correctly observed, is
- inconsistent with our opinion in National Wildlife Federa-
- tion, which held that a plaintiff claiming injury from
- environmental damage must use the area affected by the
- challenged activity and not an area roughly -in the vicinity-
- of it. 497 U. S., at 887-889; see also Sierra Club, 405 U. S.,
- at 735. It makes no difference that the general-purpose
- section of the ESA states that the Act was intended in part
- -to provide a means whereby the ecosystems upon which
- endangered species and threatened species depend may be
- conserved,- 16 U. S. C. 1531(b). To say that the Act
- protects ecosystems is not to say that the Act creates (if it
- were possible) rights of action in persons who have not been
- injured in fact, that is, persons who use portions of an
- ecosystem not perceptibly affected by the unlawful action in
- question.
- Respondents' other theories are called, alas, the -animal
- nexus- approach, whereby anyone who has an interest in
- studying or seeing the endangered animals anywhere on the
- globe has standing; and the -vocational nexus- approach,
- under which anyone with a professional interest in such
- animals can sue. Under these theories, anyone who goes to
- see Asian elephants in the Bronx Zoo, and anyone who is a
- keeper of Asian elephants in the Bronx Zoo, has standing
- to sue because the Director of AID did not consult with the
- Secretary regarding the AID-funded project in Sri Lanka.
- This is beyond all reason. Standing is not -an ingenious
- academic exercise in the conceivable,- United States v.
- Students Challenging Regulatory Agency Procedures
- (SCRAP), 412 U. S. 669, 688 (1973), but as we have said
- requires, at the summary judgment stage, a factual showing
- of perceptible harm. It is clear that the person who
- observes or works with a particular animal threatened by
- a federal decision is facing perceptible harm, since the very
- subject of his interest will no longer exist. It is even
- plausible-though it goes to the outermost limit of plausibil-
- ity-to think that a person who observes or works with
- animals of a particular species in the very area of the world
- where that species is threatened by a federal decision is
- facing such harm, since some animals that might have been
- the subject of his interest will no longer exist, see Japan
- Whaling Assn. v. American Cetacean Soc., 478 U. S. 221,
- 231, n. 4 (1986). It goes beyond the limit, however, and
- into pure speculation and fantasy, to say that anyone who
- observes or works with an endangered species, anywhere in
- the world, is appreciably harmed by a single project
- affecting some portion of that species with which he has no
- more specific connection.
- B
- Besides failing to show injury, respondents failed to
- demonstrate redressability. Instead of attacking the
- separate decisions to fund particular projects allegedly
- causing them harm, the respondents chose to challenge a
- more generalized level of government action (rules regard-
- ing consultation), the invalidation of which would affect all
- overseas projects. This programmatic approach has obvious
- practical advantages, but also obvious difficulties insofar as
- proof of causation or redressability is concerned. As we
- have said in another context, -suits challenging, not
- specifically identifiable Government violations of law, but
- the particular programs agencies establish to carry out
- their legal obligations . . . [are], even when premised on
- allegations of several instances of violations of law, . . .
- rarely if ever appropriate for federal-court adjudication.-
- Allen, 468 U. S., at 759-760.
- The most obvious problem in the present case is redress-
- ability. Since the agencies funding the projects were not
- parties to the case, the District Court could accord relief
- only against the Secretary: He could be ordered to revise
- his regulation to require consultation for foreign projects.
- But this would not remedy respondents' alleged injury
- unless the funding agencies were bound by the Secretary's
- regulation, which is very much an open question. Whereas
- in other contexts the ESA is quite explicit as to the Secre-
- tary's controlling authority, see, e. g., 16 U. S. C.
- 1533(a)(1) (-The Secretary shall- promulgate regulations
- determining endangered species); 1535(d)(1) (-The Secre-
- tary is authorized to provide financial assistance to any
- State-), with respect to consultation the initiative, and
- hence arguably the initial responsibility for determining
- statutory necessity, lies with the agencies, see 1536(a)(2)
- (-Each Federal agency shall, in consultation with and with
- the assistance of the Secretary, insure that any- funded
- action is not likely to jeopardize endangered or threatened
- species) (emphasis added)). When the Secretary promulgat-
- ed the regulation at issue here, he thought it was binding
- on the agencies, see 51 Fed. Reg., at 19928 (1986). The
- Solicitor General, however, has repudiated that position
- here, and the agencies themselves apparently deny the
- Secretary's authority. (During the period when the Secre-
- tary took the view that 7(a)(2) did apply abroad, AID and
- FWS engaged in a running controversy over whether
- consultation was required with respect to the Mahaweli
- project, AID insisting that consultation applied only to
- domestic actions.)
- Respondents assert that this legal uncertainty did not
- affect redressability (and hence standing) because the
- District Court itself could resolve the issue of the Secre-
- tary's authority as a necessary part of its standing inquiry.
- Assuming that it is appropriate to resolve an issue of law
- such as this in connection with a threshold standing
- inquiry, resolution by the District Court would not have
- remedied respondents' alleged injury anyway, because it
- would not have been binding upon the agencies. They were
- not parties to the suit, and there is no reason they should
- be obliged to honor an incidental legal determination the
- suit produced. The Court of Appeals tried to finesse this
- problem by simply proclaiming that -[w]e are satisfied that
- an injunction requiring the Secretary to publish [respon-
- dents' desired] regulatio[n] . . . would result in consulta-
- tion.- Defenders of Wildlife, 851 F. 2d, at 1042, 1043-1044.
- We do not know what would justify that confidence,
- particularly when the Justice Department (presumably
- after consultation with the agencies) has taken the position
- that the regulation is not binding. The short of the matter
- is that redress of the only injury-in-fact respondents
- complain of requires action (termination of funding until
- consultation) by the individual funding agencies; and any
- relief the District Court could have provided in this suit
- against the Secretary was not likely to produce that action.
- A further impediment to redressability is the fact that the
- agencies generally supply only a fraction of the funding for
- a foreign project. AID, for example, has provided less than
- 10% of the funding for the Mahaweli Project. Respondents
- have produced nothing to indicate that the projects they
- have named will either be suspended, or do less harm to
- listed species, if that fraction is eliminated. As in Simon,
- 426 U. S., at 43-44, it is entirely conjectural whether the
- nonagency activity that affects respondents will be altered
- or affected by the agency activity they seek to achieve.
- There is no standing.
- IV
- The Court of Appeals found that respondents had
- standing for an additional reason: because they had
- suffered a -procedural injury.- The so-called -citizen-suit-
- provision of the ESA provides, in pertinent part, that -any
- person may commence a civil suit on his own behalf (A) to
- enjoin any person, including the United States and any
- other governmental instrumentality or agency . . . who is
- alleged to be in violation of any provision of this chapter.-
- 16 U. S. C. 1540(g). The court held that, because 7(a)(2)
- requires interagency consultation, the citizen-suit provision
- creates a -procedural righ[t]- to consultation in all -per-
- sons--so that anyone can file suit in federal court to
- challenge the Secretary's (or presumably any other official's)
- failure to follow the assertedly correct consultative proce-
- dure, notwithstanding their inability to allege any discrete
- injury flowing from that failure. 911 F. 2d, at 121-122. To
- understand the remarkable nature of this holding one must
- be clear about what it does not rest upon: This is not a case
- where plaintiffs are seeking to enforce a procedural require-
- ment the disregard of which could impair a separate
- concrete interest of theirs (e.g., the procedural requirement
- for a hearing prior to denial of their license application, or
- the procedural requirement for an environmental impact
- statement before a federal facility is constructed next door
- to them). Nor is it simply a case where concrete injury
- has been suffered by many persons, as in mass fraud or
- mass tort situations. Nor, finally, is it the unusual case in
- which Congress has created a concrete private interest in
- the outcome of a suit against a private party for the
- government's benefit, by providing a cash bounty for the
- victorious plaintiff. Rather, the court held that the injury-
- in-fact requirement had been satisfied by congressional
- conferral upon all persons of an abstract, self-contained,
- noninstrumental -right- to have the Executive observe the
- procedures required by law. We reject this view.
- We have consistently held that a plaintiff raising only a
- generally available grievance about government-claiming
- only harm to his and every citizen's interest in proper
- application of the Constitution and laws, and seeking relief
- that no more directly and tangibly benefits him than it does
- the public at large-does not state an Article III case or
- controversy. For example, in Fairchild v. Hughes, 258 U. S.
- 126, 129-130 (1922), we dismissed a suit challenging the
- propriety of the process by which the Nineteenth Amend-
- ment was ratified. Justice Brandeis wrote for the Court:
- -[This is] not a case within the meaning of . . . Article
- III . . . . Plaintiff has [asserted] only the right, pos-
- sessed by every citizen, to require that the Government
- be administered according to law and that the public
- moneys be not wasted. Obviously this general right
- does not entitle a private citizen to institute in the
- federal courts a suit . . . .- Ibid.
- In Frothingham v. Mellon, 262 U. S. 447 (1923), we
- dismissed for lack of Article III standing a taxpayer suit
- challenging the propriety of certain federal expenditures.
- We said:
- ``The party who invokes the power [of judicial review]
- must be able to show not only that the statute is
- invalid but that he has sustained or is immediately in
- danger of sustaining some direct injury as the result of
- its enforcement, and not merely that he suffers in some
- indefinite way in common with people generally. . . .
- Here the parties plaintiff have no such case. . . .
- [T]heir complaint . . . is merely that officials of the
- executive department of the government are executing
- and will execute an act of Congress asserted to be
- unconstitutional; and this we are asked to prevent. To
- do so would be not to decide a judicial controversy, but
- to assume a position of authority over the governmen-
- tal acts of another and co-equal department, an author-
- ity which plainly we do not possess.'' Id., at 488-489.
- In Ex parte L-vitt, 302 U. S. 633 (1937), we dismissed a
- suit contending that Justice Black's appointment to this
- Court violated the Ineligibility Clause, Art. I, 6, cl. 2. -It
- is an established principle,- we said, -that to entitle a
- private individual to invoke the judicial power to determine
- the validity of executive or legislative action he must show
- that he has sustained or is immediately in danger of
- sustaining a direct injury as the result of that action and it
- is not sufficient that he has merely a general interest
- common to all members of the public.- Id., at 634. See also
- Doremus v. Board of Ed. of Hawthorne, 342 U. S. 429,
- 433-434 (1952) (dismissing taxpayer action on the basis of
- Frothingham.).
- More recent cases are to the same effect. In United
- States v. Richardson, 418 U. S. 166 (1974), we dismissed for
- lack of standing a taxpayer suit challenging the Govern-
- ment's failure to disclose the expenditures of the Central
- Intelligence Agency, in alleged violation of the constitution-
- al requirement, Art. I, 9, cl. 7, that -a regular Statement
- and Account of the Receipts and Expenditures of all public
- Money shall be published from time to time.- We held that
- such a suit rested upon an impermissible -generalized
- grievance,- and was inconsistent with -the framework of
- Article III- because -the impact on [plaintiff] is plainly
- undifferentiated and common to all members of the public.-
- Richardson, supra, at 171, 176-177. And in Schlesinger v.
- Reservists Committee to Stop the War, 418 U. S. 208 (1974),
- we dismissed for the same reasons a citizen-taxpayer suit
- contending that it was a violation of the Incompatibility
- Clause, Art. I, 6, cl. 2, for Members of Congress to hold
- commissions in the military Reserves. We said that the
- challenged action, -standing alone, would adversely affect
- only the generalized interest of all citizens in constitutional
- governance . . . . We reaffirm L-vitt in holding that
- standing to sue may not be predicated upon an interest of
- th[is] kind . . . .- Schlesinger, supra, at 217, 220. Since
- Schlesinger we have on two occasions held that an injury
- amounting only to the alleged violation of a right to have
- the Government act in accordance with law was not
- judicially cognizable because -assertion of a right to a
- particular kind of Government conduct, which the Govern-
- ment has violated by acting differently, cannot alone satisfy
- the requirements of Art. III without draining those require-
- ments of meaning.- Allen, 468 U. S., at 754; Valley Forge
- Christian College v. Americans United for Separation of
- Church and State, Inc., 454 U. S. 464, 483 (1982). And only
- two Terms ago, we rejected the notion that Article III
- permits a citizen-suit to prevent a condemned criminal's
- execution on the basis of -the public interest protections of
- the Eighth Amendment;- once again, -[t]his allegation
- raise[d] only the generalized interest of all citizens in
- constitutional governance . . . and [was] an inadequate
- basis on which to grant . . . standing.- Whitmore, 495 U. S.,
- at 160.
- To be sure, our generalized-grievance cases have typically
- involved Government violation of procedures assertedly
- ordained by the Constitution rather than the Congress. But
- there is absolutely no basis for making the Article III
- inquiry turn on the source of the asserted right. Whether
- the courts were to act on their own, or at the invitation of
- Congress, in ignoring the concrete injury requirement
- described in our cases, they would be discarding a principle
- fundamental to the separate and distinct constitutional role
- of the Third Branch-one of the essential elements that
- identifies those -Cases'' and ``Controversies- that are the
- business of the courts rather than of the political branches.
- -The province of the court,- as Chief Justice Marshall said
- in Marbury v. Madison, 1 Cranch, 137, 170 (1803) -is,
- solely, to decide on the rights of individuals.- Vindicating
- the public interest (including the public interest in govern-
- ment observance of the Constitution and laws) is the
- function of Congress and the Chief Executive. The question
- presented here is whether the public interest in proper
- administration of the laws (specifically, in agencies' obser-
- vance of a particular, statutorily prescribed procedure) can
- be converted into an individual right by a statute that
- denominates it as such, and that permits all citizens (or, for
- that matter, a subclass of citizens who suffer no distinctive
- concrete harm) to sue. If the concrete injury requirement
- has the separation-of-powers significance we have always
- said, the answer must be obvious: To permit Congress to
- convert the undifferentiated public interest in executive
- officers' compliance with the law into an -individual right-
- vindicable in the courts is to permit Congress to transfer
- from the President to the courts the Chief Executive's most
- important constitutional duty, to -take Care that the Laws
- be faithfully executed,- Art. II, 3. It would enable the
- courts, with the permission of Congress, -to assume a
- position of authority over the governmental acts of another
- and co-equal department,- Frothingham v. Mellon, 262
- U. S., at 489, and to become -`virtually continuing monitors
- of the wisdom and soundness of Executive action.'- Allen,
- 468 U. S., at 760 (quoting Laird v. Tatum, 408 U. S. 1, 15
- (1972)). We have always rejected that vision of our role:
- ``When Congress passes an Act empowering administra-
- tive agencies to carry on governmental activities, the
- power of those agencies is circumscribed by the authori-
- ty granted. This permits the courts to participate in
- law enforcement entrusted to administrative bodies
- only to the extent necessary to protect justiciable
- individual rights against administrative action fairly
- beyond the granted powers. . . . This is very far from
- assuming that the courts are charged more than
- administrators or legislators with the protection of the
- rights of the people. Congress and the Executive
- supervise the acts of administrative agents. . . . But
- under Article III, Congress established courts to
- adjudicate cases and controversies as to claims of
- infringement of individual rights whether by unlawful
- action of private persons or by the exertion of unautho-
- rized administrative power.''
- Stark v. Wickard, 321 U. S. 288, 309-310 (1944). -Individu-
- al rights,- within the meaning of this passage, do not mean
- public rights that have been legislatively pronounced to
- belong to each individual who forms part of the public. See
- also Sierra Club, 405 U. S., at 740-741, n. 16.
- Nothing in this contradicts the principle that -[t]he . . .
- injury required by Art. III may exist solely by virtue of
- `statutes creating legal rights, the invasion of which creates
- standing.'- Warth, 422 U. S., at 500 (quoting Linda R. S.
- v. Richard D., 410 U. S. 614, 617, n. 3 (1973)). Both of the
- cases used by Linda R. S. as an illustration of that princi-
- ple involved Congress's elevating to the status of legally
- cognizable injuries concrete, de facto injuries that were
- previously inadequate in law (namely, injury to an indivi-
- dual's personal interest in living in a racially integrated
- community, see Trafficante v. Metropolitan Life Ins. Co.,
- 409 U. S. 205, 208-212 (1972), and injury to a company's
- interest in marketing its product free from competition, see
- Hardin v. Kentucky Utilities Co., 390 U. S. 1, 6 (1968)). As
- we said in Sierra Club, -[Statutory] broadening [of] the
- categories of injury that may be alleged in support of
- standing is a different matter from abandoning the require-
- ment that the party seeking review must himself have
- suffered an injury.- 405 U. S., at 738. Whether or not the
- principle set forth in Warth can be extended beyond that
- distinction, it is clear that in suits against the government,
- at least, the concrete injury requirement must remain.
- * * *
- We hold that respondents lack standing to bring this
- action and that the Court of Appeals erred in denying the
- summary judgment motion filed by the United States. The
- opinion of the Court of Appeals is hereby reversed, and the
- cause remanded for proceedings consistent with this
- opinion.
- It is so ordered.
-
-