Accordingly, we affirm the order of the district court dismissing White Tail's claims for lack of standing. III, 2, cl. .

U.S. v. Giuliani, 143 F.3d 638, 649 (2nd Cir. 9. Plaintiffs also filed a motion for a preliminary injunction together with the complaint. Interact directly with CaseMine users looking for advocates in your area of specialization.

Like the doctrine of mootness, the standing limitation is derived from the cases or controversies requirement of Article III. Roche signed the acknowledgment and also orally assured Gary Hagy, Director of the Food and Environmental Services Division of the VDH, that AANR-East intended to comply with the new restrictions imposed by the General Assembly. Plaintiffs requested an order declaring section 35.1-18 of the Virginia Code unconstitutional, preliminary and permanent injunctive relief, and attorneys fees pursuant to 42 U.S.C.A. Roche signed the acknowledgment and also orally assured Gary Hagy, Director of the Food and Environmental Services Division of the VDH, that AANR-East intended to comply with the new restrictions imposed by the General Assembly. U.S. 2197, our ultimate aim is to determine whether plaintiff has a sufficiently "personal stake" in the lawsuit to justify the invocation of federal court jurisdiction, see Simon, 426 U.S. at 38, 96 S.Ct.

white tail park v stroube .

endobj

See Doe v. Obama, 631 F.3d 157, 160 (4th Cir. Affirmed in part, reversed in part, and remanded by published opinion. Make your practice more effective and efficient with Casetexts legal research suite. Id. endobj Planned Parenthood of South Carolina v. Rose, 361 F.3d 786, 789 (4th Cir. Before confirming, please ensure that you have thoroughly read and verified the judgment. "A justiciable case or controversy requires a `plaintiff [who] has alleged such a personal stake in the outcome of the controversy as to warrant his invocation of federal court jurisdiction and to justify exercise of the court's remedial powers on his behalf.'". "To qualify as a case fit for federal-court adjudication, an actual controversy must be extant at all stages of review, not merely at the time the complaint is filed." White Tail Park, 413 F.3d at 458.

See Havens Realty Corp. v. Coleman, 455 U.S. 363, 378, 102 S.Ct. Likewise, "[t]he denial of a particular opportunity to express one's views" may create a cognizable claim despite the fact that "other venues and opportunities" are available.

v. Stroube,US4 No. Upon those two bases, the district court granted the Commissioner's motion to dismiss the claims of AANR-East and White Tail for lack of standing. John Kenneth Byrum, Jr., Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. /Title <> J.A. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct.

WebIn June 2003, AANR-East opened a week-long juvenile nudist camp at a licensed nudist campground ("White Tail Park") operated by White Tail near Ivor, Virginia.

MFk t,:.FW8c1L&9aX: rbl1

from [the standing] of the [individual] anonymous plaintiffs." 2130. 2005).

We affirm in part, reverse in part, and remand for further proceedings. If a plaintiff's legally protected interest hinged on whether a given claim could succeed on the merits, then "every unsuccessful plaintiff will have lacked standing in the first place." Moreover, AANR-East, not White Tail, applied for the permits to operate these camps.

denied, ___ U.S. ___, 125 S.Ct. {{{;}#tp8_\. or AANR-East because their `organizational standing' derives from that of the anonymous plaintiffs." trace[able] to the challenged action of the defendant" instead of "the independent action of some third party not before the court," id.

Raines v. Byrd, 521 U.S. 811, 818, 117 S.Ct. << /Length 10 /Filter /FlateDecode >> 2130 (explaining that "[a]t the pleading stage, general factual allegations of injury resulting from the defendant's conduct may suffice," but in response to a summary judgment motion, "the plaintiff can no longer rest on such `mere allegations,' [and] must `set forth' by affidavit or other evidence `specific facts'" establishing standing (quoting Fed.R.Civ.P. endstream 56(e))). American social nudist movement."

Opinion by Traxler, J. Additionally, an organizational plaintiff may establish "associational standing" to bring an action in federal court "on behalf of its members when: (1) its members would otherwise have standing to sue as individuals; (2) the interests at stake are germane to the group's purpose; and (3) neither the claim made nor the relief requested requires the participation of individual members in the suit." Powell v. McCormack, 395 U.S. 486, 496, 89 S.Ct. /Name /fytekpgnum suffered an injury in fact an invasion of a legally protected interest which is (a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical"; (2) "there [is] a causal connection between the injury and the conduct complained of"; and (3) "it [is] likely, as opposed to merely speculative, that the injury will be redressed by a favorable decision." . Instead, AANR-East and White Tail contend that they have asserted, We first consider whether AANR-East has standing to raise its claims. Lujan, 504 U.S. at 561, 112 S.Ct. One of the purposes of the camp, according to AANR-East, is to "educate nudist youth and inculcate them with the values and traditions that are unique to the culture and history of the . 8 0 obj

Having concluded that the claims of AANR-East and White Tail are not moot, we next consider whether these organizations have standing to raise them in federal court. AANR-East planned to operate the week-long summer camp at White Tail Park on an annual basis and scheduled the 2004 camp for the week of July 23 to July 31, 2004.

AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.

from [the standing] of the [individual] anonymous plaintiffs." J.A. 2004) (alteration in original) (quoting Simon v. Eastern Kentucky Welfare Rights Org., 426 U.S. 26, 38, 96 S.Ct. 114. of Wildlife, 504 U.S. 555, 56067, 112 S.Ct.

WebWhite Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 (4th Cir.

2.1 Exam Pattern For Assistant Director (Admn.& Accts) - Finance, Accounts, and Audit; 2.2 Exam Pattern For Computer Programm Roche runs each organization, and both organizations share a connection to the practice of social nudism.

04-2002. The standing doctrine, of course, depends not upon the merits, see Warth, 422 U.S. at 500, 95 S.Ct. 103. 1114, 71 L.Ed.2d 214 (1982). 1917, 48 L.Ed.2d 450 (1976)), cert. Regardless of whether the district court technically addressed this issue, this court is obliged to address any standing issue that arises, even if it was never presented to the district court. The camp also included an educational component designed to teach the values associated with social nudism through topics such as "Nudity and the Law," "Overcoming the Clothing Experience," "Puberty Rights Versus Puberty Wrongs," and "Nudism and Faith." <> AANR-East

In case of any confusion, feel free to reach out to us.Leave your message here.

The Commissioner filed a motion to dismiss the action, arguing that plaintiffs lacked standing to bring suit. . Upon those two bases, the district court granted the Commissioner's motion to dismiss the claims of AANR-East and White Tail for lack of standing. /Encoding /WinAnsiEncoding <> 596, 107 L.Ed.2d 603 (1990).

18 0 obj Indeed, there is sufficient evidence, including Roche's affidavits, to establish that the injuries suffered by AANR-East, if any at all, are "fairly . 086 079 7114 [email protected]. Although the First Amendment challenge to section 35.1-18 mounted by AANR-East may ultimately prove unsuccessful we express no opinion on the merits here AANR-East is an appropriate party to raise this challenge. 1997). And, although AANR-East relocated its camp in 2004, it has already applied for a permit to operate the camp at White Tail Park in the summer of 2005. John Kenneth Byrum, Jr., Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.

J.A. v. Giuliani, 143 F.3d 638, 649 (2nd Cir. The district court erred when it dismissed plaintiff's First Amendment claim, challenging a Virginia law which requires a Opinion by Traxler, J. >>

1398, 161 L.Ed.2d 190 (2005).

2005); see also Richmond, Fredericksburg & Potomac R.R.

1886, 100 L.Ed.2d 425 (1988). 2d at United States Court of Appeals, Fourth Circuit. An organization suffers such an injury when the plaintiff alleges that a defendants practices have hampered an organizations stated objectives causing the organization to The anonymous plaintiffs are parents who intended to send their children to camp at White Tail Park during the last week in July 2004. 1003, 140 L.Ed.2d 210 (1998).

WebWhite Tail may have an interest in the continued operation of the AANR-East summer camps at White Tail Park, but we are not able to determine from the record the precise endobj stream

AANR-East and White Tail argue that the district court confined its standing analysis to only the question of whether they had associational standing and altogether failed to determine whether AANR-East and White Tail had standing to pursue claims for injuries suffered by the organization itself. 2312, 138 L.Ed.2d 849 ( 1997 ) ; see also Richmond, Virginia,,... Directly with CaseMine users looking for advocates in your area of specialization Planned Parenthood South... N. 5 ( 1st Cir, 504 U.S. 555, 560-61, 112 S.Ct 0 1886, 100 L.Ed.2d 425 ( 1988 ) as PDF File (.pdf ) or read online for.... Courts finding that educational organization had no organizational standing reversed because challenged conduct reduced attendance its!, 161 L.Ed.2d 190 ( 2005 ) ( district courts finding that educational organization had organizational. Injury in fact requirement regulation that reduces the size of a legally protected interest [ the doctrine! Judgment from your profile court dismissing White Tail, applied for the anonymous plaintiffs, however, we with... 2005 ) ( quoting Friends for Ferrell Parkway, LLC v. Stasko, 282 F.3d 315, 320 ( Cir! Or AANR-East because their ` organizational standing ' derives from that of the anonymous plaintiffs, however we., its decision not to exercise its discretionary authority is not subject to judicial review action, arguing that lacked... Ties between AANR-East and White Tail Park v Stroube are moot interact directly with CaseMine users looking for advocates your... V. Reilly, 970 F.2d 1287, 1290 ( 4th Cir 157, 160 ( Cir. 32 campers attended the 2003 summer camp at White Tail contend that they have asserted, affirm! These camps WESTERN MARYLAND, Inc. v. Stroube, 413 F.3d 451, 458 4th. Common ties between AANR-East and White Tail contend that they have asserted, we affirm in,. Of a speaker 's audience can constitute an invasion of a speaker 's audience can constitute an invasion of legally... In case of any confusion, feel free to reach out to us.Leave your message here district finding. 315, 320 ( 4th Cir reverse in part, reverse in part, in. Camp at White Tail, applied for the permit prior to the in. As for the anonymous plaintiffs. the Commissioner filed a motion to dismiss the action arguing! 351 ( 1992 ) ( district courts finding that educational organization had no organizational standing reversed challenged... For further proceedings, we first consider whether AANR-East has standing to bring suit, for Appellee Giuliani, F.3d... Requirement must be satisfied by individual and organizational plaintiffs alike webwhite Tail Park, Inc. v.,... V. Giuliani, 143 F.3d 638, 649 ( 2nd Cir v Stroube, 496 89... On behalf of its members `` associational standing. > < br > webwhite Tail Park v Stroube Wildlife... Injunction together with the district court that their claims are moot ( 1st Cir please ensure that have..., arguing that plaintiffs lacked standing to bring suit for lack of standing. > see Va. Code.! To remove this judgment from your profile Assistant Attorney General of Virginia, for.! The 2003 summer camp at White Tail Parkway, LLC v. Stasko, 282 F.3d 315, 320 4th! Dismiss the action, arguing that plaintiffs lacked standing to bring suit v. Byrd, 521 U.S. 811,,. ] of the Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia Richmond! Bring a claim on behalf of its members `` associational standing. see Va. Code 35.1-18 speaker. Size of a speaker 's audience can constitute an invasion of a speaker 's audience can an! * Defendants for ample alternative avenues of communication. `` ) consider whether AANR-East has to! Libertad v. Welch, 53 F.3d 428, 437 n. 5 ( 1st Cir 504 at!, and REMANDED by published opinion, 789 ( 4th Cir in your area of specialization you have thoroughly and. 437 n. 5 ( 1st Cir of any confusion, feel free to out! 161 L.Ed.2d 190 ( 2005 ) ; see also Richmond, Virginia, for Appellee also as... Libertad v. Welch, 53 F.3d 428, 437 n. 5 ( 1st Cir S.Ct. Total of 32 campers attended the 2003 summer camp white tail park v stroube White Tail, applied the. 1St Cir citations and internal quotation marks omitted ) legally protected interest /encoding /WinAnsiEncoding < > White Tail Park also serves as home for a preliminary injunction together with the district court that claims! For free its claims agree with the district court that their claims are moot 428, 437 5! 428, 437 n. 5 ( 1st Cir webwhite Tail Park also serves as home for a small number permanent! Of the Attorney General, Office of the Attorney General of Virginia for! > in case of any confusion, feel free to reach out us.Leave... L.Ed.2D 491 ( 1969 ) > AANR-East < br > from [ the standing requirement be! 1990 ) v Stroube, 160 ( 4th Cir ties between AANR-East and White Tail, for! From your profile district courts finding that educational organization had no organizational '!, 161 L.Ed.2d 190 ( 2005 ) ( district courts finding that educational organization had no organizational '., 119 L.Ed.2d 351 ( 1992 ) ( citations and internal quotation marks omitted ) however, we agree the... ) ), cert as PDF File (.pdf ) or read online for free, 160 4th! ( 4th Cir message here 560-61, 112 S.Ct to raise its claims out to your! X \ < br > the Commissioner 's motion to dismiss the action, that! Llc v. Stasko, 282 F.3d 315, 320 ( 4th Cir attended 2003. Not subject to judicial review L.Ed.2d 849 ( 1997 ) ; see also Richmond, Virginia, Richmond,,! Of WESTERN MARYLAND, Inc. v. Stroube, 413 F.3d 451, (..., 422 U.S. at 561, 112 S.Ct, 789 ( 4th Cir with Casetexts legal research.. Kenneth Byrum, Jr., Assistant Attorney General of Virginia, for Appellee motion for small., 437 n. 5 ( 1st Cir standing ] of the Attorney General, Office of the [ ]. In part, reversed in part, reversed in part, and REMANDED 849 ( 1997 ) ; see v.... 2005 ) 2001 ) not upon the merits, see Warth v. Seldin 422. Verified the judgment out to us.Leave your message here the merits, see Warth v. Seldin 422! Aanr-East, not White Tail from [ the standing requirement must be satisfied by individual and organizational plaintiffs.. 1976 ) ), cert, 23 L.Ed.2d 491 ( 1969 ) 765, (. And internal quotation marks omitted ) also filed a motion to dismiss the action, arguing that lacked..., 422 white tail park v stroube 490, 511, 95 S.Ct thus, we turn, briefly, White. - free download as PDF File (.pdf ) or read online free... Together with the complaint F.3d 451, 459 SALT INSTITUTE v. LEAVITT 3 4th! Not upon the merits, see Warth v. Seldin, 422 U.S.,...
On July 19, four days before camp was scheduled to begin, Roche sent a letter to the VDH returning AANR-East's permit and informing the VDH that AANR-East had canceled the upcoming camp and decided not to conduct a youth summer camp in Virginia in 2004. In fact, it applied for the permit prior to the August 10, 2004, hearing on the Commissioner's motion to dismiss. 1917, 48 L.Ed.2d 450 (1976)), cert. standing inquiry "depends not upon the merits but on 'whether the plaintiff is the proper party to bring suit' " (alteration in original) (quoting Raines v. Byrd , 521 U.S. 811, 818, 117 S.Ct.

In concluding that AANR-East could not establish actual injury because the "minimal" statutory requirements did not prohibit them from advocating the nudist lifestyle, the district court seemed to veer from a standing analysis to a merits inquiry. 57. Accordingly, we affirm the order of the district court dismissing White Tail's claims for lack of standing. As for the anonymous plaintiffs, however, we agree with the district court that their claims are moot. http://www.law.cornell.edu/supct/html/99-8508.ZS.html. See Waterford Citizens' Ass'n v. Reilly, 970 F.2d 1287, 1290 (4th Cir. Id. [18 0 R]

In sum, any injuries claimed by the anonymous plaintiffs flowed from their inability to send their children unaccompanied to summer camp in July 2004, and their claim for injunctive relief to allow their children to attend that particular week of camp is now moot. The district court explained further that the organizational plaintiffs, AANR-East and White Tail, lacked standing to assert their own constitutional rights, if any, because, On appeal, White Tail and AANR-East do not claim to have associational standing, given that neither organization is pursuing any claims on behalf of the individual plaintiffs. A district court's dismissal for lack of standing, and therefore lack of jurisdiction, is a legal ruling that we review, Having concluded that the claims of AANR-East and White Tail are not moot, we next consider whether these organizations have standing to raise them in federal court. endobj Published.

We turn, briefly, to White Tail. /Name /fytekpgnum2 15 0 obj
. x \

J.A.



There are substantial common ties between AANR-East and White Tail.

The gravamen of the standing issue for AANR-East is whether it has sufficiently demonstrated that it "ha[s] suffered an `injury in fact.

WebTRI-STATE ZOOLOGICAL PARK * OF WESTERN MARYLAND, INC., et al., * Defendants. In June 2004, Robert Roche, president of AANR-East, applied for a permit to operate the youth nudist camp scheduled for late July 2004. They contend that the new requirements of the Virginia statute imposed an unconstitutional burden on their right to guide the upbringing of their children and their children's right to privacy and expressive association. endobj A

2197, our ultimate aim is to determine whether plaintiff has a sufficiently "personal stake" in the lawsuit to justify the invocation of federal court jurisdiction, see Simon, 426 U.S. at 38, 96 S.Ct. Richmond, Fredericksburg Potomac R.R. See Waterford Citizens' Ass'n v. Reilly, 970 F.2d 1287, 1290 (4th Cir. . AANR-East, White Tail, and three sets of parents sued Robert B. Stroube, Commissioner of the Virginia Department of Health (responsible for issuing the licenses). << However, AANR-East and White Tail are separate entities, and we find nothing in Roche's affidavits or elsewhere in the record that explains White Tail's interest in the education of juvenile summer campers, or even suggests that White Tail has one.

20-21.

United States Court of Appeals, Fourth Circuit.

J.A. 2005) ([W]hen a defendant raises standing as the basis for a motion under Rule 12(b)(1) On August 10, 2004, the district court held a hearing on the Commissioner's motion to dismiss for lack of standing.

WebWhite Tail Park v. Stroube, 413 F.3d 451 (4th Cir. 1036, 160 L.Ed.2d 1067 (2005). J.A. Kodak Alaris Inc 13 0 obj Like the doctrine of mootness, the standing limitation is derived from the cases or controversies requirement of Article III. WebWhite Tail Park, Inc. v. Stroube, 413 F.3d 451, 459 SALT INSTITUTE v. LEAVITT 3 (4th Cir. The American Association for Nude Recreation-Eastern Region, Inc. ("AANR-East"), White Tail Park, Inc. ("White Tail"), and six individual plaintiffs appeal from the order of the district court dismissing their complaint for lack of standing. The district court concluded, in turn, that if the individual plaintiffs no longer satisfied the case or controversy requirement, then "neither does White Tail . endobj 2005) Court of Appeals for the Fourth Circuit Add Note Filed: July 5th, 2005 Precedential Status: Precedential Citations: 413 Roche enclosed a press release issued by AANR-East indicating that, in light of the district court's denial of the preliminary injunction, AANR-East was forced to cancel camp because the new Virginia statutory requirements "place[d] an undue burden on too many parents who had planned to send their children" to the camp. 534 (2002). WebTRI-STATE ZOOLOGICAL PARK * OF WESTERN MARYLAND, INC., et al., * Defendants. Roche also serves as president of White Tail.

(2005) - Free download as PDF File (.pdf) or read online for free. 2005) (district courts finding that educational organization had no organizational standing reversed because challenged conduct reduced attendance at its event). 2004).

A total of 32 campers attended the 2003 summer camp at White Tail Park. See Warth v. Seldin, 422 U.S. 490, 511, 95 S.Ct. Planned Parenthood of South Carolina v. Rose, 361 F.3d 786, 789 (4th Cir. Click here to remove this judgment from your profile. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct.

1944, 23 L.Ed.2d 491 (1969).

White Tail Park also serves as home for a small number of permanent residents. . 2005) (quoting Friends for Ferrell Parkway, LLC v. Stasko, 282 F.3d 315, 320 (4th Cir. Get 1 point on providing a valid sentiment to this Regardless of whether the district court technically addressed this issue, this court is obliged to address any standing issue that arises, even if it was never presented to the district court. /Keywords <> Prior to the scheduled start of AANR-East's 2004 youth camp, the Virginia General Assembly amended the statute governing the licensing of summer camps specifically to address youth nudist camps. A regulation that reduces the size of a speaker's audience can constitute an invasion of a legally protected interest. << /Length 1 >> AANR-East contends that the amended statute will reduce the size of the camp every year because not all would-be campers have parents or guardians who are available to register and attend a week of camp during the summer, as evidenced by the fact that 24 campers who would have otherwise attended camp by themselves in June 2004 were unable to do so because of their parents' inability or unwillingness to attend. AANR-East and White Tail argue that the district court confined its standing analysis to only the question of whether they had associational standing and altogether failed to determine whether AANR-East and White Tail had standing to pursue claims for injuries suffered by the organization itself. Jerry W. Kilgore, Attorney General of Virginia, William E. Thro, State Solicitor General, Maureen Riley Matsen, Deputy State Solicitor General, Courtney M. Malveaux, Associate State Solicitor General, D. Nelson Daniel, Assistant Attorney General, Richmond, Virginia, for Appellee. Brief of Appellants at 15.

An organizational plaintiff may establish standing to bring suit on its own behalf when it seeks redress for an injury suffered by the organization itself. The standing requirement must be satisfied by individual and organizational plaintiffs alike. 2005) .. 11 STA TU TES AZ. WebWhite Tail Park, Inc. v. Stroube, 413 F.3d 451, 458 (4th Cir. 04-2002. Webv. WebWHITE TAIL PARK, INC. v. STROUBE Important Paras A district court's dismissal for lack of standing, and therefore lack of jurisdiction, is a legal ruling that we review de novo. AANR-East contends that the amended statute will reduce the size of the camp every year because not all would-be campers have parents or guardians who are available to register and attend a week of camp during the summer, as evidenced by the fact that 24 campers who would have otherwise attended camp by themselves in June 2004 were unable to do so because of their parents' inability or unwillingness to attend. 9 0 obj Const., art. The complaint alleges only that two of the plaintiff couples were unable to attend the summer camp with their children, as required by section 35.1-18 of the Virginia Code, during the week of July 24 through July 31, 2004.

AANR-East is one of several regional organizations affiliated with the American Association for Nude Recreation, a national social nudism organization. stream After School Satan Club Holds First Meeting at Chesapeake Public ACLU of Virginia files petition asserting Virginias marriage code Keep Classrooms a Free & Open Space for Learning. <>/ProcSet 29 0 R/XObject<>>> xuKj0>J~1!Hh 4$dw$Y*^e}Uj#]I r[$%Ack"<9kiJ 7p~\l%^l3s f}k{;7y}H8YZdZU7XsVU%H#{X9/`#D9;xsV` Salt Institute, 345 F. Supp. The district court explained that AANR-East and White Tail lack standing in their own right because the statute imposed only a "minimal requirement" that "[did] not prevent [White Tail] and AANR-East from disseminating their message of social nudism."

2130, 119 L.Ed.2d 351 (1992) (citations and internal quotation marks omitted). See Lujan, 504 U.S. at 560, 112 S.Ct. AANR-East contends that the amended statute will reduce the size of the camp every year because not all would-be campers have parents or guardians who are available to register and attend a week of camp during the summer, as evidenced by the fact that 24 campers who would have otherwise attended camp by themselves in June 2004 were unable to do so because of their parents' inability or unwillingness to attend. We first consider whether AANR-East has standing to raise its claims.

There are substantial common ties between AANR-East and White Tail.

1917. 57. . As for the anonymous plaintiffs, however, we agree with the district court that their claims are moot. 20-21.



J.A. Thus, we turn to the injury in fact requirement. allow for ample alternative avenues of communication."). /Author <> Finally, the district court opined that "even if [White Tail] and AANR-East have a first amendment right to disseminate their message of social nudism to children in a structured summer camp program, the minimal requirement that a parent, grandparent or legal guardian be at the park does not prevent" White Tail or AANR-East from exercising this right.

White Tail may have an interest in the continued operation of the AANR-East summer camps at White Tail Park, but we are not able to determine from the record the precise nature of that interest.

See Va. Code 35.1-18. A regulation that reduces the size of a speaker's audience can constitute an invasion of a legally protected interest. 114.

The standing requirement must be satisfied by individual and organizational plaintiffs alike.

2002). Learn more about FindLaws newsletters, including our terms of use and privacy policy.

For the reasons stated above, we reverse the order dismissing the First Amendment claim brought by AANR-East for lack of standing and remand for further proceedings. v. United States, 945 F.2d 765, 768 (4th Cir. 3 When an agency has discretion to act, its decision not to exercise its discretionary authority is not subject to judicial review. Webhampton, nh police log january 2021. WebKyllo v. United States, 533 U.S. 27 (2001). Before TRAXLER and DUNCAN, Circuit Judges, and FREDERICK P. STAMP, JR., United States District Judge for the Northern District of West Virginia, sitting by designation. We affirm in part, reverse in part, and remand for further proceedings. However, it appears clear to us that the district court did in fact consider, and reject, standing for the organizational plaintiffs to pursue their claims. Jerry W. Kilgore, Attorney General of Virginia, William E. Thro, State Solicitor General, Maureen Riley Matsen, Deputy State Solicitor General, Courtney M. Malveaux, Associate State Solicitor General, D. Nelson Daniel, Assistant Attorney General, Richmond, Virginia, for Appellee. We have generally labeled an organization's standing to bring a claim on behalf of its members "associational standing." 2312, 138 L.Ed.2d 849 (1997); see Libertad v. Welch, 53 F.3d 428, 437 n. 5 (1st Cir.

J.A.

1886, 100 L.Ed.2d 425 (1988). 1995) ("An analysis of a plaintiff's standing focuses not on the claim itself, but on the party bringing the challenge; whether a plaintiff's complaint could survive on its merits is irrelevant to the standing inquiry.").

A district court's dismissal for lack of standing, and therefore lack of jurisdiction, is a legal ruling that we review de novo.

At the hearing, the Commissioner argued that the case had become moot because AANR-East surrendered its permit after failing to secure a preliminary injunction and then successfully moved the camp to another state. . 22 0 obj of Commrs.

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