steel aka chicago steel pickling citizens better environment argued october decided march held none relief sought likely remedy respondent alleged injury fact respondent lacks standing maintain suit lower courts lack jurisdiction entertain pp merits issue permits citizen suits purely past also jurisdictional occupy status standing sue question must resolved first firmly established district jurisdiction defeated absence valid opposed arguable cause action see bell hood jurisdiction exists right recover sustained one reading constitution laws defeated another id unless claim clearly appears immaterial wholly insubstantial frivolous otherwise devoid merit involve federal controversy see oneida indian nation county oneida respondent wins one construction epcra loses another claim frivolous immaterial unreasonable read provides district shall jurisdiction actions brought subsection enforce epcra requirement impose civil penalty provided violation requirement making elements cause action jurisdictional rather merely specifying remedial powers gwaltney smithfield chesapeake bay foundation well cases deciding statutory standing question constitutional standing question distinguished case called existence cause action jurisdictional decided question resolving dispute concerning existence article iii case controversy principle turn every statutory question epcra citizen suit question jurisdiction raise sua sponte raised pp declines endorse doctrine hypothetical jurisdiction several courts appeals found proper proceed immediately merits question despite jurisdictional objections least merits question readily resolved prevailing party merits prevailing party jurisdiction denied doctrine carries courts beyond bounds authorized judicial action thus offends fundamental principles long venerable line cases held without proper jurisdiction proceed note jurisdictional defect dismiss suit see capron van noorden cranch arizonans official english arizona bell hood supra national railroad passenger national assn railroad passengers norton mathews secretary navy avrech per curiam augenblick philbrook glodgett chandler judicial council tenth circuit distinguished pronounce upon law meaning constitutionality jurisdiction definition ultra vires act pp respondent lacks standing sue standing irreducible constitutional minimum necessary make justiciable case controversy article iii lujan defenders wildlife contains three requirements injury fact plaintiff causation injury defendant complainedof conduct likelihood requested relief redress injury ibid even assuming respondent asserts petitioner failure report epcra information timely manner lingering effects failure constitute concrete injury fact respondent members satisfies article iii cf complaint nevertheless fails redressability test none specific items relief declaratory judgment petitioner violated epcra injunctive relief authorizing respondent make periodic inspections petitioner facility records requiring petitioner give respondent copies compliance reports orders requiring petitioner pay epcra civil penalties treasury reimburse respondent litigation conceivable relief complaint final general request serve reimburse respondent losses caused petitioner late reporting eliminate effects late reporting upon respondent pp vacated remanded scalia delivered opinion rehnquist kennedy thomas joined breyer joined parts iv filed concurring opinion kennedy joined breyer filed opinion concurring part concurring judgment stevens filed opinion concurring judgment souter joined parts iii iv ginsburg joined part iii ginsburg filed opinion concurring judgment notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press steel company aka chicago steel ling company petitioner citizens better environment writ certiorari appeals seventh circuit march justice scalia delivered opinion private enforcement action citizensuit provision emergency planning community act epcra stat case presents merits question answered affirmative appeals seventh circuit whether epcra authorizes suits purely past violations also presents jurisdictional question whether respondent plaintiff standing bring action respondent association individuals interested environmental protection sued petitioner small manufacturing company chicago past violations epcra epcra establishes framework state regional local agencies designed inform public presence hazardous toxic chemicals provide emergency response event release central operation reporting require ments compelling users specified toxic hazardous chemicals file annual emergency hazardous chemical inventory forms toxic chemical release forms contain inter alia name location facility name quantity chemical hand case toxic chemicals method employed annual quantity released environmental medium inventory forms given calendar year due following march release forms following july enforcement epcra take place many fronts environmental protection agency epa powerful enforcement arsenal may seek criminal civil administrative penalties state local governments also seek civil penalties well injunctive relief purposes case however crucial enforcement mechanism provision likewise authorizes civil penalties injunctive relief see provides person may commence civil action behalf owner operator facility failure among things omplete submit inventory form section title section title prerequisite bringing suit plaintiff must days prior filing complaint give notice administrator epa state alleged violation occurs alleged violator citizen suit may go forward administrator commenced diligently pursuing administrative order civil action enforce requirement concerned impose civil penalty respondent sent notice petitioner administrator relevant illinois authorities alleg turns petitioner failed since first year epcra filing deadlines complete submit requisite inventory release forms upon receiving notice petitioner filed overdue forms relevant agencies epa chose bring action petitioner waiting period expired respondent filed suit federal district petitioner promptly filed motion dismiss federal rule civil procedure contending filings date complaint filed jurisdiction entertain suit present violation epcra allow suit purely historical violation respondent allegation untimeliness filing claim upon relief granted district agreed petitioner points app pet cert appeals reversed concluding citizens may seek penalties epcra violators file statutory deadline receiving notice granted certiorari ii granted certiorari case resolve conflict interpretation epcra adopted seventh circuit interpretation previously adopted sixth circuit atlantic legal foundation musical instruments case relied district acknowledged seventh circuit factually indistinguishable petitioner however petition certiorari briefs merits raised issue respondent standing maintain suit hence jurisdiction entertain though dispute point see part iii infra normally considered threshold question must resolved respondent favor proceeding merits justice stevens opinion concurring judgment however claims question whether permits cause action also jurisdictional equivalent claim resolved first whether significant implications case many others point warrants extended discussion firmly established cases absence valid opposed arguable cause action implicate jurisdiction courts statutory constitutional power adjudicate case see generally wright miller federal practice procedure cases cited ed stated bell hood urisdiction defeated possibility averments might fail state cause action petitioners actually recover rather district jurisdiction right petitioners recover complaint sustained constitution laws given one construction defeated given another id unless claim clearly appears immaterial made solely purpose obtaining jurisdiction claim wholly insubstantial frivolous id see also bray alexandria women health clinic fair kohler die specialty dismissal lack subjectmatter jurisdiction inadequacy federal claim proper claim insubstantial implausible foreclosed prior decisions otherwise completely devoid merit involve federal controversy oneida indian nation county oneida see also romero international terminal operating respondent wins one construction epcra loses another justice stevens argue respondent claim frivolous fact acknowledges language provision ambiguous post justice stevens relies treatment similar issue jurisdictional gwaltney smithfield chesapeake bay foundation post statute issue case however creating cause action went say district courts shall jurisdiction without regard amount controversy citizenship parties provide various forms relief emphasis added italicized phrase strongly suggested perhaps misleadingly provision addressing genuine jurisdiction corresponding provision present case however reads follows district shall jurisdiction actions brought subsection section owner operator facility enforce requirement concerned impose civil penalty provided violation requirement unreasonable read making elements cause action subsection jurisdictional rather merely specifying remedial powers viz enforce violated requirement impose civil penalties jurisdiction observed word many many meanings vanness cadc commonplace term used evidently see action brought section commission may seek shall jurisdiction impose civil penalty amount higher triple monetary gain person violation actions brought subsection district courts shall jurisdiction grant appropriate relief including injunctive relief compensatory exemplary damages actions brought subsection district courts shall jurisdiction grant appropriate relief including limited injunctive relief compensatory exemplary damages also case gwaltney opinion display slightest awareness anything turned upon whether existence cause action past violations technically indeed nothing substance district statutory jurisdiction suit event since continuing violations also alleged see true justice stevens points issue article iii standing addressed end opinion technically addressed outset statutory question jurisdictional also really matter since article iii standing event found short matter jurisdictional character elements cause action gwaltney made substantive difference even procedural difference seemed aware assumed parties assumed without discussion often said jurisdictional rulings sort gwaltney even called ruling point rather dictum precedential effect see lewis casey federal election nra political victory fund tucker truck lines even authoritative point distinctive statute issue fanciful think gwaltney revised established jurisprudence failure cause action automatically produce failure jurisdiction adopted expansive principle statute saying district shall jurisdiction remedy violations specified ways renders existence violation necessary subjectmatter jurisdiction justice stevens concurrence devotes large portion discussion cases statutory standing question decided question constitutional standing see post also irrelevant statutory standing question justice stevens us decide first wishes resolve whether epcra authorizes plaintiff sue assuredly whether scope epcra right action includes past violations question held goes merits statutory standing see northwest airlines county kent question whether federal statute creates claim relief jurisdictional romero international terminal operating util northwestern public service though replete extensive case discussions case citations rationalizations syllogoids see post infra justice stevens opinion conspicuously lacks one central feature single case done proposes call existence cause action jurisdictional decide question resolving dispute concerning existence article iii case controversy course even solid precedent contradicting justice stevens position consequences alone enough condemn turn every statutory question epcra citizen suit question jurisdiction justice stevens analysis grant jurisdiction actions brought withholds juris diction claims involving purely past violations past violations fact covered parity reasoning dispute whether omission particular item constituted failure complete form whether particular manner delivery complied time requirement submit form agreed defendant point action brought dismissed lack jurisdiction rather decided merits moreover statutory arguments since jurisdictional considered even though raised earlier raise sua sponte see mt healthy city bd ed doyle great southern fire proof hotel jones congress course create strange scheme referring actions brought means suits contending contains certain requirement justice stevens correct questions may regarded jurisdictional questions thus capable decided genuine case controversy hard see left limitation article iii iii addition attempt convert merits issue case jurisdictional one justice stevens concurrence proceeds post argue bolder point jurisdiction need addressed first anyway even statutory question fram ed terms simply characterize whether respondent complaint action also clear power decide statutory question first post essentially position embraced several courts appeals find proper proceed immediately merits question despite jurisdictional objections least merits question readily resolved prevailing party merits prevailing party jurisdiction denied see sec american capital investments cert denied shelton barnes smith avino clow dept housing urban development ferry services icc cadc parcel land industries muszynski ninth circuit denominated characterizes assuming jurisdiction purpose deciding doctrine hypothetical jurisdiction see troescher decline endorse approach carries courts beyond bounds authorized judicial action thus offends fundamental principles separation powers conclusion come surprise since reflected long venerable line cases without jurisdiction proceed cause jurisdiction power declare law ceases exist function remaining announcing fact dismissing cause ex parte mccardle wall every writ error appeal first fundamental question jurisdiction first record comes question bound ask answer even otherwise suggested without respect relation parties great southern fire proof hotel jones supra requirement jurisdiction established threshold matter spring nature limits judicial power inflexible without exception mansfield swan insistence proper jurisdiction appear begins least early set aside judgment defendant instance losing plaintiff failed allege basis federal jurisdiction capron van noorden cranch last term restated principle clearest fashion unanimously setting aside ninth circuit merits decision case lost elements justiciable controversy federal appellate special obligation jurisdiction also lower courts cause review even though parties prepared concede mitchell maurer see juidice vail standing record discloses lower without jurisdiction notice defect although parties make contention concerning lower federal lack jurisdiction jurisdiction appeal merits merely purpose correcting error lower entertaining suit corrick footnotes omitted justice stevens arguments contradicting asserting may decide cause action resolving article iii jurisdictionare readily refuted first concurrence seeks convert bell hood case question decided article iii standing question post bell justice stevens asserts held jurisdiction decide whether plaintiff stated cause action even unclear whether plaintiff injuries redressed post italicized phrase italics invites reader believe article iii redressability issue true whole point bell true bell decided bivens six unknown fed narcotics agents district dismissed case jurisdictional grounds believed call bivens action lie held nonexistence cause action proper basis jurisdictional dismissal thus uncertainty whether plaintiff injuries redressed justice stevens refers simply uncertainty whether cause action precisely bell holds article iii redressability question different matter relief requested plaintiffs bell money damages remedied injury fact course justice stevens used understand fundamental distinction arguing cause action arguing article iii redressability written former argument squarely directed jurisdiction rather existence remedy alleged violation federal rights issue jurisdictional sort raises motion lake country estates tahoe regional planning agency stevens quoting mt healthy bd ed doyle justice stevens also relies national railroad passenger national assn railroad passengers post case determine whether cause action existed determining plaintiff article iii standing question injury fact effectiveness requested remedy rather national railroad passenger determined whether statutory cause action existed determining whether plaintiff came within zone interests cause action available latter question issue statutory standing nothing whether case controversy article iii much extensive defenses practice deciding cause action resolving article iii jurisdiction offered courts appeals rely principally upon two cases norton mathews secretary navy avrech per curiam readily explained think extraordinary procedural postures norton case came us direct appeal threejudge district jurisdictional question whether action properly brought forum rather ordinary district declined decide jurisdictional question merits question decided companion case mathews lucas consequence jurisdictional question effect outcome properly convened affirmed vacated remanded fresh decree appeal taken appeals outcome foreordained lucas norton mathews supra thus norton use pretermission jurisdictional question device reaching question law otherwise gone unaddressed moreover seems regarded merits judgment entered basis lucas equivalent jurisdictional dismissal failure present substantial federal question said disposition lucas renders merits present case decided issue thus one longer substantial jurisdictional sense think clear peculiar case involving merits issue dispositively resolved companion case meant overrule sub silentio two centuries jurisprudence affirming necessity determining jurisdiction proceeding merits see clow dissenting avrech also involved instance intervening decision definitively answered merits question jurisdictional question case raised sua sponte oral argument supplemental briefing ordered secretary navy avrech came decision however merits issue case conclusively resolved parker levy case argued day avrech unwilling decide jurisdictional question without oral argument avrech supra acknowledged understatement even diligent zealous advocate find ardor somewhat dampened arguing jurisdictional issue decision merits foreordained id accordingly disposed case basis intervening decision parker minimalist per curiam opinion first thing observed avrech supposed jurisdictional issue technically issue whether judgment attacked collaterally suit back pay although avrech like earlier case augenblick characterized question jurisdictional later held squarely see schlesinger councilman event peculiar circumstances avrech hardly permit cited general proposition easy merits question may decided assumption jurisdiction contrary fact ordered briefing jurisdictional question sua sponte demonstrates adherence traditional constitutionally dictated requirements see ferry icc thomas concurring part concurring denial petition review cases sometimes cited lower courts support hypothetical jurisdiction similarly distinguishable augenblick discussed involve jurisdictional issue philbrook glodgett jurisdictional question whether suit commissioner vermont department social welfare deprivation federal rights color state law denying payments federally funded welfare program plaintiff join similar claim secretary health education welfare merits issue statutory construction involved claim secretary precisely involved claim commissioner secretary challenging jurisdiction assured comply judgment entered commissioner disposition case dismiss secretary appeal rule failure brief jurisdictional question adequately normally acknowledged obligation inquire jurisdiction district might prevent disposition concluded substantive issue decided district decided even concluded secretary properly party practical difference resulted injunction directed well commissioner secretary properly contended wrongful id finally chandler judicial council tenth circuit reserved question whether jurisdiction issue writ prohibition mandamus petitioner exhausted available avenues seeking relief writs act record review id exhaustion question least arguably jurisdictional clearly treated id cases must acknowledged diluted absolute purity rule article iii jurisdiction always antecedent question none even approaches approval doctrine hypothetical jurisdiction enables resolve contested questions law jurisdiction doubt hypothetical jurisdiction produces nothing hypothetical comes thing advisory opinion disapproved beginning muskrat hayburn case dall much legal niceties stake statutory especially constitutional elements jurisdiction essential ingredient separation equilibration powers restraining courts acting certain times even restraining acting permanently regarding certain subjects see richardson schlesinger reservists comm stop war pronounce upon meaning constitutionality state federal law jurisdiction definition act ultra vires iv reached end seems like long front walk finally arrive threshold jurisdictional question whether respondent plaintiff standing sue article iii constitution extends judicial power cases controversies always taken mean cases controversies sort traditionally amenable resolved judicial process muskrat supra meaning fairly implied text since otherwise purported restriction upon judicial power scarcely restriction every criminal investigation conducted executive case every policy issue resolved congressional legislation involves controversy however sort cases controversies article iii refers since constitution central mechanism separation powers depends largely upon common understanding activities appropriate legislatures executives courts lujan defenders wildlife standing sue part common understanding takes make justiciable case whitmore arkansas irreducible constitutional minimum standing contains three requirements lujan defenders wildlife supra first foremost must alleged ultimately proven injury fact harm suffered plaintiff concrete actual imminent whitmore arkansas supra quoting los angeles lyons second must fairly traceable connection plaintiff injury conduct defendant simon eastern ky welfare rights organization third must likelihood requested relief redress alleged injury id see also warth seldin triad injury fact causation redressability comprises core article iii requirement party invoking federal jurisdiction bears burden establishing existence see dallas turn particulars respondent complaint see measures article iii requirements case appeal rule motion dismiss pleadings must presume general allegations complaint encompass specific facts necessary support allegations lujan national wildlife federation complaint contains claims behalf dent members app describes respondent organization seeks uses acquires data reported epcra says respondent reports members public storage releases toxic chemicals environment advocates changes environmental regulations statutes prepares reports members public seeks reduction toxic chemicals seeks promote effective enforcement environmental laws app complaint asserts respondent right know toxic chemical releases interests protecting improving environment health members adversely affected petitioner actions failing provide timely required information epcra ibid complaint also alleges respondent members live frequent area near petitioner facility use information learn toxic chemical releases use hazardous substances communities plan emergency preparedness event accidents attempt reduce toxic chemicals areas live work visit ibid members safety health recreational economic aesthetic environmental interests information claimed adversely affected petitioner actions failing file timely required reports epcra ibid appears respondent asserts petitioner failure provide epcra information timely fashion lingering effects failure injury fact members occasion decide whether deprived information supposed disclosed least deprived one particular plan concrete injury fact satisfies article iii cf lujan defenders wildlife need reach question present case assuming injury fact complaint fails third test standing redressability complaint asks declaratory judgment petitioner violated epcra authorization inspect periodically petitioner facility records costs borne petitioner order requiring petitioner provide respondent copies compliance reports submitted epa order requiring petitioner pay civil penalties per day violation award respondent costs connection investigation prosecution matter including reasonable attorney expert witness fees authorized section epcra relief deems appropriate app none specific items relief sought none envision appropriate general request serve reimburse respondent losses caused late reporting eliminate effects late reporting upon respondent first item request declaratory judgment petitioner violated epcra disposed summarily controversy whether petitioner failed file reports whether failure constitutes violation declaratory judgment worthless respondent seemingly worthless world see lewis continental bank item civil penalties authorized statute see might viewed sort compensation redress respondent payable respondent damages authorized payable treasury requesting therefore respondent seeks remediation costs incurred result late vindication rule undifferentiated public interest faithful execution epcra lujan defenders wildlife supra see also fairchild hughes suffice justice stevens thinks enough respondent gratified seeing petitioner punished infractions punishment deter risk future harm post holdings linda richard simon eastern ky welfare rights organization inexplicable obviously principle make redressability requirement vanish mere bringing suit every plaintiff demonstrates belief favorable judgment make happier although suitor may derive great comfort joy fact treasury cheated wrongdoer gets deserts nation laws faithfully enforced psychic satisfaction acceptable article iii remedy redress cognizable article iii injury see allen wright valley forge christian college americans separation church state relief remedy injury suffered bootstrap plaintiff federal essence redressability requirement item investigation prosecution costs authorized section assuredly benefit respondent opposed citizenry large obviously however plaintiff achieve standing litigate substantive issue bringing suit cost bringing suit litigation must give plaintiff benefit besides reimbursement costs byproduct litigation interest attorney fees insufficient create article iii case controversy none exists merits underlying claim lewis continental bank citing diamond charles respondent asserts investigation costs seeks incurred prior litigation digging emissions storage information petitioner filed respondent needed purposes see brief respondent recovery expenses unrelated litigation assuredly support article iii standing problem entitlement monetary relief complaint invokes covers costs litigation respondent finds words impaled upon horns dilemma expenses reimbursable statute must costs litigation reimbursement costs litigation alone support standing remaining relief respondent seeks item giving respondent authority inspect petitioner facility records item compelling petitioner provide respondent copies epa compliance reports injunctive nature conceivably remedy past wrong aimed deterring petitioner violating epcra future see brief respondent latter objective course remedial article iii purposes threatened injury one gravamens complaint respondent alleged continuing violation imminence future violation injunctive relief requested remedy alleged harm allegation facts case seems basis nothing supports requested injunctive relief except respondent generalized interest deterrence insufficient purposes article iii see los angeles lyons amicus curiae argues injunctive relief constitute remediation presumption future injury defendant voluntarily ceased illegal activity response litigation even occurs complaint filed brief amicus curiae makes sword shield presumption government refers applied refute assertion mootness defendant sued complaint alleges present threatened injury ceases activity see grant immense unacceptable stretch call presumption service substitute allegation present threatened injury upon initial standing must based see los angeles lyons supra accept government view overrule clear precedent requiring allegations future injury particular concrete littleton past exposure illegal conduct show present case controversy regarding injunctive relief unaccompanied continuing present adverse effects see also renne geary mootness exception disputes capable repetition yet evading review revive dispute became moot action commenced respondent alleges past infractions eprca continuing violation likelihood future violation injunctive relief redress injury found none relief sought respondent likely remedy alleged injury fact must conclude respondent lacks standing maintain suit lower courts lack jurisdiction entertain however desirable prompt resolution merits epcra question may important observing constitutional limits set upon courts system separated powers epcra await another day judgment vacated case remanded instructions direct complaint dismissed ordered steel company aka chicago steel ling company petitioner citizens better environment writ certiorari appeals seventh circuit march justice justice kennedy joins concurring join opinion agree precedent supports holding respondent lacks article iii standing injuries redressed judgment effect require payment penalties treasury notes ante respondent alleged continuing imminent violation emergency planning community act epcra stat requested injunctive relief may well redressed asserted injury also agree statement federal courts certain jurisdiction reaching merits case acknowledges however several decisions diluted absolute purity rule article iii jurisdiction always antecedent question ante opinion adequately describes assumption jurisdiction defensible cases see ante case see ante write separately note view opinion read cataloging exhaustive list circumstances federal courts may exercise judgment reserv ing difficult questions jurisdiction case alternatively resolved merits favor party norton mathews chicago steel ling company petitioner citizens better environment writ certiorari appeals seventh circuit march justice breyer concurring part concurring judgment agree respondent case lacks article iii standing agree federal courts often typically decide standing questions outset case order decision first jurisdiction merits helps better restrict use federal courts adversarial disputes article iii defines federal judiciary business qualifying words often typically important constitution view require us replace words word always constitution impose rigid judicial order operations cause serious practical problems previously made clear courts may reserve difficult questions jurisdiction case alternatively resolved merits favor party norton mathews rule makes theoretical sense difficulty jurisdictional question makes reasonable jurisdictional assumption rule makes enormous practical sense help appellate judges spend time energy puzzling correct answer intractable jurisdictional matter assuming easy answer substantive merits party win lose regardless importantly insist upon rigid order operations today world federal caseloads grown enormously generation means unnecessary delay consequent added cost see mecham judicial business courts report director report proceedings judicial conference indicating annual appellate caseloads increased cases filed per judgeship district caseloads increased cases filed per judgeship means cumbersome system thereby increases least small degree risk justice delayed means justice denied reason make ordinary sequence absolute requirement even though case us ordinary exceptional simply reserve judgment matter ante concurring therefore join parts iv opinion steel company aka chicago steel ling company petitioner citizens better environment writ certiorari appeals seventh circuit march justice stevens justice souter joins parts iii iv justice ginsburg joins part iii concurring judgment case presents two questions whether emergency planning community act epcra et seq confers federal jurisdiction citizen suits wholly past violations whether respondent standing article iii constitution elected decide constitutional question first created new constitutional law always prudent avoid passing unnecessarily undecided constitutional question see ashwander tva brandeis concurring answer statutory question first moreover epcra properly construed confer jurisdiction citizen suits wholly past violations leave constitutional question another day statutory issue case viewed one two ways whether epcra confers jurisdiction citizen suits wholly past violations whether statute creates cause action either analysis power answer statutory question first epcra frames question terms jurisdiction section district shall jurisdiction actions brought owner operator facility enforce requirement concerned impose civil penalty provided violation requirement thus authorizes citizen suits wholly past violations district jurisdiction actions lacks jurisdiction given text statute surprising parties district framed question jurisdictional terms respondent complaint alleged district subject matter jurisdiction section epcra app merits questions raised respondent complaint whether steel company violated epcra relief granted district however made ruling merits granted steel company motion dismiss held dismissal required respondent merely alleged failure timely file required reports violation act jurisdiction citizen suit app pet cert steel company also framed question jurisdictional one briefs threshold issue concerning meaning virtually identical question decided gwaltney smithfield chesapeake bay foundation case considered whether clean water act allows suits wholly past violations unanimously characterized question matter jurisdiction case must decide whether clean water act also known federal water pollution control act confers federal jurisdiction citizen suits wholly past violations see also block community nutrition institute citing national railroad passenger national assn railroad passengers national railroad passenger ibid resolve comparable statutory issue way case federal courts jurisdiction address merits future similar cases thus case choice solving statutory question standing question first choice merits issue jurisdictional issue rather choice two jurisdictional issues routinely held presented two jurisdictional questions may choose one answer first sierra club morton example presented choice statutory jurisdictional question question article iii standing case respondent argued petitioner lacked standing administrative procedure act constitution rather taking constitutional issue stated congress authorized public officials perform certain functions according law provided statute judicial review actions certain circumstances inquiry standing must begin determination whether statute question authorizes review behest plaintiff emphasis added concluded petitioner lacked standing statute therefore need decide whether petitioner suffered sufficient injury article iii unanimous bypassed constitutional standing question order decide statutory question therefore construed statute concluded respondents bring suit statute mention constitutional question came end opinion since congressional preclusion judicial review effect jurisdictional need address standing issue decided appeals case block citing national railroad passenger finally gladstone realtors village bellwood also faced choice statutory constitutional jurisdictional tion case presents statutory constitutional questions concerning standing sue title viii statutory question whether respondents standing sue fair housing act reluctant address constitutional question opted decide statutory question first avoid constitutional question possible issue meaning critical one district correctly understood applied denying respondents standing statute reach question whether minimum requirements art iii satisfied appeals correct holding respondents statutory standing however constitutional question squarely presented see also bennett spear slip scalia stating first question present case whether endangered species act provision negates test turning constitutional standing question determining standing existed statute food commercial workers brown group analyzing statutory question turning constitutional standing question ferry services icc cadc thomas concurring part concurring denial petition review courts exceed scope power ground passed jurisdictional ground rested upon nonjurisdictional courts properly rest one jurisdictional ground instead another thus precedents clearly support proposition given choice two jurisdictional statutory power answer statu tory question first rather framing question terms jurisdiction also possible characterize statutory issue case whether respondent complaint cause action framed way also clear power decide statutory question first holding bell hood demonstrates always jurisdiction determine jurisdiction mine workers federal also jurisdiction decide whether plaintiff alleges injured violation federal law stated cause action indeed bell held jurisdiction decide question even unclear whether plaintiff injuries redressed thus bell demonstrates power decide whether cause action exists even unclear whether plaintiff standing national railroad passenger also makes clear power decide question addressing threshold issues case faced interrelated questions whether amtrak act read create private right action enforce compliance provisions whether federal district jurisdiction terms act entertain suit whether respondent statutory standing bring suit choosing method analysis stated owever phrased threshold question clearly whether amtrak act provision law creates cause action whereby private party respondent enforce duties obligations imposed act right action exists need consider whether respondent standing bring action whether district jurisdiction entertain thus regardless whether characterize issue terms jurisdiction causes action clearly power address statutory question first gwaltney powerfully demonstrates point noted case involved statutory question virtually identical one presented statute permitted citizens sue wholly past violations framed question one jurisdiction supra also said case presented question whether plaintiffs cause action regardless label resolved statutory question without pausing consider whether plaintiffs standing sue wholly past violations course fact discuss standing gwaltney establish plaintiffs standing nonetheless supports proposition issue power address virtually identical statutory question case well disagrees arguing standing question must addressed first ironically however first addressing standing takes long excursion entirely loses sight basic reason standing matter importance proper functioning judicial process gist question standing whether plaintiffs alleged personal stake outcome controversy assure concrete adverseness sharpens presentation issues upon largely depends illumination difficult constitutional questions completely disregards core purpose standing discussion hypothetical jurisdiction portion opinion pure dictum entirely unnecessary explanation decision also informed adversary submission either party neither topic hypothetical diction cases analyzed distinguished criticized part iii subject comment briefs submitted parties amici therefore benefit concrete adverseness standing doctrine meant ensure discussion short comes thing advisory opinion disapproved beginning ante see also muskrat stressing article iii limits federal courts deciding cases controversies arising opposing parties doctrine hypothetical jurisdiction irrelevant case presents us choice two threshold questions intricately standing problem statute confers jurisdiction suits wholly past violations opinion reflects fact analysis standing issue predicated hypothesis may read confer jurisdiction citizen suits wholly past violations think reject hypothesis construe standing discussion entirely unnecessary thus ironically engaged version hypothetical jurisdiction taken pains condemn length ii important reason addressing statutory question first avoid unnecessarily passing undecided constitutional question new york transit authority beazer ashwander tva brandeis concurring whether correct incorrect constitutional holding represents significant extension prior case law conclusion respondent standing comes mechanistic application dressability aspect standing doctrine redressability course appear anywhere text constitution instead judicial creation past years see simon eastern ky welfare rights organization linda richard judicial interpretation case requirement article iii lujan defenders wildlife every previous case denied standing lack redressability plaintiff challenging governmental action inaction leeke timmerman per curiam suit director department corrections another prison official simon suit secretary treasury commissioner internal revenue warth seldin suit town penfield members penfield zoning planning town boards linda suit prosecutor see also renne geary suit city county san francisco board supervisors local officials none cases involved attempt one private party impose statutory sanction another private party addition every case held standing lack redressability injury plaintiff defendant indirect dependent action third party true two cases cites redressability prong ante see also simon controversy limitation art iii requires federal act redress injury fairly traced challenged action defendant injury results independent action third party emphasis added warth stating indirectness injury may make substantially difficult meet minimum requirement art iii holding injury issue indirect redressable well every case denied standing lack redressability leeke injury indirect turned action prosecutor party linda stating party invokes judicial power must able show sustained immediately danger sustaining direct injury emphasis original internal quotation marks omitted injury indirect turned action father party see also davis pierce administrative law treatise ed thus far aware never plaintiff directly injured defendant lacks standing sue lack redressability acknowledges respondent standing congress authorized payment respondent ante civil penalties authorized statute might viewed sort compensation redress respondent payable respondent yet fails specify payment redress respondent injuries payment treasury respondent clearly believes punishment steel company along future deterrence steel company others redresses injury basis previous standing holdings suggest otherwise one private party injured another injury redressed least two ways awarding compensatory damages imposing sanction wrongdoer minimize risk harmcausing conduct repeated thus cases tort redressed award punitive damages even damages payable sovereign provide form redress individual well history supports proposition punishment deterrence redress injury past centuries england american colonies private persons regularly prosecuted criminal cases interest punishing defendant deterring violations law defendant others sufficient support standing private prosecutor even remedy sentencing defendant jail gallows given history framers article iii surely considered proceedings cases redress injury even though party bringing suit receive monetary compensation expanded interpretation redressability requirement another consequence epcra congress gave enforcement power state local governments reasoning however state local governments standing sue past violations payment treasury redress injury governments redress respondent injury true even congress explicitly granted state local governments power conclusion unprecedented argued decision rooted another separation powers concern citizen suit somehow interferes executive power take care laws faithfully executed art ii hard see however epcra provision impinges power executive initial matter case respondent merely possesses undifferentiated public interest seeing epcra enforced ante see also lujan defenders wildlife members live near steel alleged sufficiently particularized injury precedents app complaint alleges respondent members reside property engage recreational activities breathe air use areas near steel company facility moreover reasoning respondent standing congress authorized payment respondent ante civil penalties authorized statute might viewed sort compensation redress respondent payable respondent conclusion unexceptional given respondent particularized interest plaintiff qui tam suit action deeply rooted history ex rel marcus hess providing actions common informer interest whatever controversy given statute existence hundreds years england country ever since foundation government quoting marvin trout adams woods cranch marshall almost every fine forfeiture penal statute may recovered action debt qui tam well information public prosecutor blackstone commentaries comment yale describing qui tam actions authorized first congress see also lujan defenders wildlife yet unclear separation powers question turn whether plaintiff receives monetary compensation either instance private citizen enforcing law separation powers preclude standing congress creates legal right au thorizes compensation plaintiff unclear separation powers dictate contrary result congress created legal right directed payment made federal treasury indeed case assuming present purposes respondent correctly reads statute congress authorized standing executive branch also endorsed interpretation article iii brief amicus curiae supporting respondent decision anything congress executive done encroaches domain branches federal government thus quite clear holding today represents significant new development constitutional jurisprudence moreover equally clear power answer statutory question first therefore necessary reject resolution standing issue order conclude prudent answer question statutory construction announcing new constitutional doctrine iii epcra provision relevant part ny person may commence civil action behalf owner operator facility failure following complete submit inventory form section title omplete submit toxic chemical release form section title unfortunately language ambiguous mean sixth circuit held citizen right sue failure complete submit required forms reading owner operator filed forms district longer jurisdiction atlantic legal foundation musical alternatively seventh circuit held phrases section section incorporate requirements sections including requirement reports filed particular dates citizens better environment steel although language provision ambiguous sections epcra indicate congress intend confer jurisdiction citizen suits wholly past violations first epcra requires private litigant give alleged violator notice least days bringing suit gwaltney considered import substantially identical notice requirement concluded indicated congressional intent allow suit future violations purpose notice alleged violator give opportunity bring complete compliance act thus likewise render unnecessary citizen suit assume respondents urge citizen suits may target wholly past violations requirement notice alleged violator becomes gratuitous indeed respondents propounding interpretation act think reason congress require notice seemed right inform alleged violator sued brief respondents second epcra places ban citizen suits epa commenced enforcement action gwaltney considered similar provision concluded indicated congressional intent prohibit citizen suits wholly past violations bar citizen suits governmental enforcement action way suggests citizen suit meant supplement rather supplant governmental action permitting citizen suits wholly past violations act undermine supplementary role envisioned citizen suit danger best illustrated example suppose administrator identified violator act issued compliance order suppose otherwise seek civil penalties condition violator take extreme corrective action install particularly effective expensive chinery otherwise obliged take citizens file suit months years later der seek civil penalties administrator chose forgo administrator discretion enforce act public interest tailed considerably might said discretion state enforcement authorities ents interpretation scope citizen suit change nature citizens role terstitial potentially intrusive finally even two provisions resolve issue settled policy adopting acceptable constructions statutory provisions order avoid unnecessary adjudication constitutional unresolved standing supports construction statute authorize suits wholly past violations stated edward debartolo florida gulf coast building constr trades council cardinal principle roots chief justice marshall opinion murray charming betsy cranch long applied beyond debate see also nlrb catholic bishop chicago machinists street crowell benson lucas alexander panama johnson ex rel attorney general delaware hudson parsons bedford pet story iv reasons concur judgment join opinion notes see also waste arizona mclane foods supp jurisdiction hear citizen suit brought pursuant wholly past violation epcra delaware valley toxics coalition supp ed concludes provide federal courts jurisdiction wholly past violations epcra atlantic legal foundation whiting door manufacturing supp wdny plain language epcra reporting enforcement civil penalty provisions logically viewed together compel conclusion epcra confers federal jurisdiction citizen lawsuits past violations brief petitioner statute conferring jurisdiction federal courts strictly construed doubts resolved jurisdiction serious doubts congress intended citizens sue past epcra violations citizen plaintiffs highlight slight difference language attempt stretch difference federal jurisdiction see also gwaltney contended last recorded violation occurred several weeks respondents filed complaint district lacked jurisdiction respondents action gwaltney app opinion douglas dissenting extract oral argument solicitor general brief respondent sierra club morton irreducible minimum requirement standing reflects constitutional limitation judicial power whether party invoking federal jurisdiction personal stake outcome controversy whether dispute touches upon legal relations parties adverse legal interests flast cohen see also brief county tulare amicus curiae sierra club morton pp long ago held standing party must show sustained immediately danger sustaining direct injury merely suffers indefinite way common people generally outgrowth article iii constitution limits jurisdiction federal courts cases controversies const art iii citation internal quotation marks omitted brief petitioners block community nutrition institute pp arguing respondents failed meet redressability requirements article iii see also brief respondents block community nutrition institute pp reply brief petitioners block community nutrition institute pp justice cardozo stated cause action may mean one thing one purpose something different another davis passman quoting memphis cotton oil one meaning term clear citizens cause action sue statute meaning cause action question whether particular plaintiff member class litigants may matter law appropriately invoke power davis emphasis deleted see also concept action employed specifically determine may judicially enforce statutory rights obligations emphasis added since epcra expressly gives citizens right sue question citizens member class litigants may matter law appropriately invoke power davis jurisdiction defeated possibility averments might fail state cause action petitioners actually recover bell bell precursor bivens six unknown fed narcotics agents petitioners brought suit federal recover damages excess agents federal bureau investigation allegedly violating fourth fifth amendment rights bell question whether petitioners injuries whether federal courts grant money recovery damages said suffered result federal officers violating fourth fifth amendments open one decide bivens nonetheless even though unclear whether remedy held federal courts jurisdiction determine whether cause action exists bell incorrectly used understand fundamental distinction arguing cause action arguing article iii redressability ante gives much credit never understood fundamental difference arguing plaintiff complaint allege cause action law provide remedy plaintiff injury plaintiff injury redressable lake country estates tahoe regional planning agency stated absence remedy lack redressability sort jurisdictional issue raises motion law case decided still law today supplemented standing analysis set forth baker carr current fascination redressability changed admittedly imperfect state understanding rather state standing doctrine section relevant part district courts shall original jurisdiction civil action proceeding arising act congress regulating commerce protecting trade commerce restraints monopolies see also potomac passengers assn chesapeake ohio cadc rev grounds national railroad passenger national assn railroad passengers distinguished threshold question respondent claim merits national railroad passenger insisting article iii standing question must answered first finds logical dilemma whether cause action exists decided whether statutory standing id whether statutory standing decided whether article iii standing block community nutrition institute logic dictates whether cause action exists decided whether article iii standing issue case gwaltney addition answering question whether statute confers jurisdiction citizen suits wholly past violations considered whether allegation injury sufficed support jurisdiction fact discussed standing connection secondary issue gwaltney adds significance omission even passing reference standing issue connection principal holding baker carr boldly distinguishes away fewer five precedents five cases avoided deciding jurisdictional issue assuming jurisdiction existed purpose case norton mathews example stated evident whichever disposition undertake effect follows need decide theoretical question jurisdiction case past similarly reserved difficult questions jurisdiction case alternatively resolved merits favor party see secretary navy avrech done even original reason granting certiorari resolve jurisdictional issue see augenblick making assumption without deciding jurisdiction cause established affirm judgment favor secretary see also philbrook glodgett rehn declining reach subtle complex jurisdictional issue assuming jurisdiction existed secretary navy avrech per curiam ssuming arguendo district jurisdiction leaving future case resolution jurisdictional issue chandler judicial council tenth circuit whether council action administrative action reviewable whether reviewable plainly petitioner made case extraordinary relief mandamus prohibition augenblick assuming arguendo jurisdiction existed moreover addition five cases distinguishes cases support notion assume jurisdiction see moor county alameda whether exists judicial power hear state law claims county short subtle complex question implications consider appropriate resolve difficult issue present case concluded even assuming arguendo existence power hear claim district err neese southern per curiam reverse judgment appeals without reaching constitutional challenge jurisdiction even assuming appellate power exist appeals erred see also ellis dyson rehnquist concurring keeping conventional adjudication district first inquired existence case controversy fault district disposing case quite properly regarded time authoritative ground decision indeed occasion followed essentially practice case involves choice two threshold questions intricately interrelated take position propriety courts assuming jurisdiction nonetheless strongly disagree decision reach decide question especially light fact benefit briefing argument see philbrook rehnquist declining answer complex question federal jurisdiction absence substantial aid briefs either parties avrech without benefit oral argument unwilling decide difficult jurisdictional issue parties briefed ante noting avrech unwilling decide jurisdictional question without oral argument emphasizing importance zealous advocacy sharpen issues indeed power construe statute impossible resolve standing issue without construing provisions act thus order determine whether respondent investigation prosecution costs sufficient confer standing construes epcra authorizes district award costs litigation prevailing party ante yet construed cover cost investigation preceded filing respondent complaint even reasoning respondent alleged redressable injury standing see ibid two reasons counsel favor answering statutory question first first statutory question divided courts appeals granted certiorari resolve see pet cert second meaning statute matter general national importance whereas answer constitutional question depends largely construction allegations particular complaint ante turn particulars respondent complaint see measures article iii requirements attempt demonstrate redressability always component standing doctrine cites decision marye parsons case neither word standing word redressability appears although discussed redressability renne fact turn issue stated reason doubt injury alleged redressed relief sought renne went hold claims nonjusticable respondents demonstrated live controversy ripe resolution federal courts id distinction significant standing doctrine rooted separation powers concerns lujan defenders wildlife allen wright see also infra established principle entitle private individual invoke judicial power determine validity executive legislative action must show sustained immediately danger sustaining direct injury result action ex parte levitt assuming epcra authorizes suits wholly past violations congress created legal right epcra reports filed time although traditional injury must sensitive articulation new rights action clear analogs tradition congress power define injuries articulate chains causation give rise case controversy none existed lujan defenders wildlife kennedy concurring part concurring judgment see also havens realty coleman warth seldin another context specified critical distinction whether defendant directly indirectly harmed lujan defenders wildlife case involving challenge executive action stated suit one challenging legality government action inaction nature extent facts must averred summary judgment stage proved trial stage order establish standing depends considerably upon whether plaintiff object action forgone action issue ordinarily little question action inaction caused injury judgment preventing requiring action redress however case plaintiff asserted injury arises government allegedly unlawful regulation lack regulation someone else much needed circumstance causation redressability ordinarily hinge response regulated regulable third party government action perhaps response others well emphasis original several scholars attempted trace historical origins private prosecution without exception scholars determined notion private prosecutions originated early common law england legal system primarily relied upon victim victim relatives friends bring criminal justice according historians private prosecutions developed england means facilitating private vengeance bessler public interest unconstitutionality private prosecutors ark rev footnotes omitted american citizens continued privately prosecute criminal cases many locales nineteenth century philadelphia example types cases privately prosecuted assault battery prosecutions common however domestic disputes short assault also came thus young women prosecuted men seduction husbands prosecuted wives paramours adultery wives prosecuted husbands desertion although many state courts continued sanction practice private prosecutions without significant scrutiny nineteenth century state courts outlawed practice footnotes omitted steinberg transformation criminal justice philadelphia private prosecution minor judiciary firmly rooted philadelphia colonial past examples creative american adaptation english common law seventeenth century private prosecution fundamental part english common law see also goodnow principles administrative law party obtains judgment imposes sanctions wrongdoer proper presume wrongdoer less likely repeat injurious conduct prompted litigation lessening risk future harm concrete benefit ironically although insists standing question must answered first relies merits answers standing question proof steel company repeatedly violated law failing file epcra reports eight years suffice establish district power impose sanctions least decide sanction appropriate evidence steel company ignorant law taken steps avoid future violations highly relevant merits question whether remedy necessary surely deprive district power decide remedy issue cf grant defendants told interlocks longer existed disclaimed intention revive profession suffice make case moot although one factors considered determining appropriateness granting injunction acts action may commenced subsection section prior days plaintiff given notice alleged violation administrator state alleged violation occurs alleged violator notice paragraph shall given manner administrator shall prescribe regulation action may commenced subsection section owner operator facility administrator commenced diligently pursuing administrative order civil action enforce requirement concerned impose civil penalty act respect violation requirement footnotes disposition makes appropriate address approach taken substantial body appeals precedent fact justice stevens concurrence takes essentially approach makes contention discussion excursion unnecessary explanation decision post particularly puzzling justice stevens thinks illogical merits question given priority statutory standing question national railroad passenger statutory standing question given priority article iii question cases discussed post merits question given priority article iii question see post seems us illogical many broken circles appear life law executive agreements may displace state law example see belmont unilateral presidential action renunciation may displace executive agreements produce logical conclusion unilateral presidential action may displace state law reasons allowing merits questions decided statutory standing questions support allowing merits questions decided article iii questions national railroad passenger points merits inquiry statutory standing inquiry often overlap question whether plaintiff cause action statute question whether plaintiff cause action statute closely depending upon asserted basis lack statutory standing sometimes identical exceedingly artificial draw distinction two said article iii requirement remediable injury fact except regard entirely frivolous claims nothing text statute relied upon moreover deciding whether cause action exists particular statute rather whether particular plaintiff sue take vast uncharted realms judicial whereas proposition reach merits question article iii jurisdiction opens door sorts generalized grievances schlesinger reservists comm stop war constitution leaves resolution political process justice stevens adds three cases list might support hypothetical jurisdiction post inapposite moor county alameda declined decide whether federal pendent jurisdiction extended state law claims new party agreed district discretionary declination pendent jurisdiction id thus case decided merits question jurisdictional question discretionary jurisdictional question nondiscretionary jurisdictional question similarly ellis dyson authoritative ground decision upon district relied lieu determining whether case controversy younger abstention treated jurisdictional finally issue pretermitted neese southern article iii jurisdiction substantive question whether seventh amendment permits grant motion new trial basis excessive jury verdict declined consider question agreed district decision deny motion facts record numerous cases justice stevens cites strikingly clear becomes concurrence identify single opinion deciding merits disputed question article iii jurisdiction opinion motivated justice stevens suggests specific concern citizen suit somehow interferes executive power care laws faithfully executed art ii post courts must stay within constitutionally prescribed sphere action whether exceeding sphere harm one two branches case calls nothing straightforward application standing jurisprudence though may sometimes impact presidential powers derives article iii article ii contrary justice stevens belief redressability judicial creation past years post concept ingrained jurisprudence beginning although packaged requirements constitutional case controversy somewhat differently past era rich point always whether plaintiff personally benefit tangible way intervention warth supra example marye parsons held bill equity dismissed clear case damnum absque injuria although complainant alleged breach contract state complainant asks relief remedy suit compel state pay debts bill framed therefore calls declaration abstract character courts sit determine questions law thesi remanded directions dismiss bill id also contrary justice stevens unprecedented suggestion post prongs standing inquirydoes depend defendant status governmental entity conceivable reason true justice stevens claims cases denied standing lack redressability happened involve government action inaction unsurprising suits promise concrete benefit plaintiff brought us determine questions law thesi marye supra often inspired psychological smart perceived official injustice preferences political activists principle redressability broader application epcra person may commence civil action behalf emphasis added person includes association see arguable statute permits respondent vindicate interests organization interests individual members since makes difference disposition case assume without deciding interests individual members may basis suit justice stevens claims redressability found lacking prior cases relief required action party post even prove redressability lacking relief depends actions third party event justice stevens overlooked decisions destroy premise see lyons littleton also seems suggest redressability always exists defendant directly injured plaintiff redressability requirement entirely superfluous since causation requirement asks whether injury fairly trace able challenged action defendant th result independent action third party simon eastern ky welfare rights organization section reads issuing final order action brought pursuant section may award costs litigation including reasonable attorney expert witness fees prevailing party substantially prevailing party whenever determines award appropriate justice stevens contends post argument involves us construction statute thus belies insistence jurisdictional issues resolved first involves us construction statute extent rejecting frivolous contention costs incurred respondent purposes preparation litigation hence sufficient support article iii standing nonetheless costs litigation statute described earlier cases make clear frivolous claims jurisdictional defect see supra