Saturday, May 4, 2013

Sierra Club v. Glickman case brief

Sierra Club v. Glickman case brief summary
156 F.3d 606 (5th Cir. 1998)

CASE SYNOPSIS: Appellant agency and agency head sought review of a judgment from the United States District Court for the Western District of Texas on the ground that the trial court erred in granting relief under §7(a)(1) of the Endangered Species Act, and appellee organization and its member's filed a motion to dismiss the appeal as moot.

FACTS: In an action regarding the protection of endangered species, the trial court partially granted appellee organization's and its member's motion for summary judgment and, following a bench trial, found in favor of appellee on the remaining count. 


  • On appeal, the court affirmed in part, reversed in part, and dismissed the remainder of the appeal as moot. 
  • The trial court erred in finding that appellants unlawfully refused or unreasonably delayed developing and implementing programs under the Agriculture and Water Policy Coordination Act, provisions establishing a USDA Council on Environmental Quality, and the Bankhead-Jones Farm Tenant Act. 
  • Appellees failed to set forth any evidence showing that the injury was fairly traceable to appellants' failure to implement the statutes because appellees raised only a generally available grievance about government, claiming harm and relief that no more directly or tangibly benefited appellees than it did the public at large.
  • Likewise, appellees failed to demonstrate that an order requiring appellants to comply with the statutes would have redressed the injury. 
  • Thus, appellees failed to state a case or controversy under U.S. Const. art. III.

CONCLUSION: The court affirmed in part and reversed in part the judgment in favor of appellee organization and its member and dismiss the remainder of the appeal as moot. Appellees claim against appellant agency and agency head did not state a case or controversy because appellees failed to show a concrete and particular injury or that the injury was fairly traceable to the government action.

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