WASHINGTON, D.C.— In November 2005, NELC joined over a dozen citizen groups in opposing a proposed court rule that would have made it more difficult for public interest groups—but not business interests—to challenge federal agency actions in the District of Columbia Circuit Court of Appeals, which handles more of these cases than any other court.

Our intervention was successful: on June 19, 2006, the D.C. Circuit Court changed the unfair provision.

At stake was equal access to the courts for those with a legitimate grievance about government agency actions or decisions. The rule would have placed an additional and often onerous burden only on public interest petitioners to produce detailed evidence of their legal “standing” to challenge an agency’s actions.

The issue is a vital one for environmental groups, for whom lawsuits have historically been an essential tool in compelling the EPA to perform its duties.

The final rule grants uniform treatment for all parties: businesses and public interest groups alike must demonstrate standing, but only when it is not already apparent from the administrative record before the court.