U.S. Supreme Court

SIERRA CLUB v. MORTON">

U.S. Supreme Court

SIERRA CLUB v. MORTON, 405 U.S. 727 (1972)

405 U.S. 727

SIERRA CLUB v. MORTON, SECRETARY OF THE INTERIOR, ET AL.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

No. 70-34.

Argued November 17, 1971
Decided April 19, 1972

Petitioner, a membership corporation with "a special interest in the conservation and sound maintenance of the national parks, game refuges, and forests of the country," brought this suit for a declaratory judgment and an injunction to restrain federal officials from approving an extensive skiing development in the Mineral King Valley in the Sequoia National Forest. Petitioner relies on 10 of the Administrative Procedure Act, which accords judicial review to a "person suffering legal wrong because of agency action, or [who is] adversely affected or aggrieved by agency action within the meaning of a relevant statute." On the theory that this was a "public" action involving questions as to the use of natural resources, petitioner did not allege that the challenged development would affect the club or its members in their activities or that they used Mineral King, but maintained that the project would adversely change the area's aesthetics and ecology. The District Court granted a preliminary injunction. The Court of Appeals reversed, holding that the club lacked standing, and had not shown irreparable injury. Held: A person has standing to seek judicial review under the Administrative Procedure Act only if he can show that he himself has suffered or will suffer injury, whether economic or otherwise. In this case, where petitioner asserted no individualized harm to itself or its members, it lacked standing to maintain the action. Pp. 731-741.

433 F.2d 24, affirmed.

STEWART, J., delivered the opinion of the Court, in which BURGER, C. J., and WHITE and MARSHALL, JJ., joined. DOUGLAS, J., post, p. 741, BRENNAN, J., post, p. 755, and BLACKMUN, J., post, p. 755, filed dissenting opinions. POWELL and REHNQUIST, JJ., took no part in the consideration or decision of the case.

Leland R. Selna, Jr., argued the cause for petitioner. With him on the briefs was Matthew P. Mitchell. [405 U.S. 727, 728]

Solicitor General Griswold argued the cause for respondents. With him on the brief were Assistant Attorney General Kashiwa, Deputy Assistant Attorney General Kiechel, William Terry Bray, Edmund B. Clark, and Jacques B. Gelin.

Briefs of amici curiae urging reversal were filed by Anthony A. Lapham and Edward Lee Rogers for the Environmental Defense Fund; by George J. Alexander and Marcel B. Poche for the National Environmental Law Society; and by Bruce J. Terris and James W. Moorman for the Wilderness Society et al.

Briefs of amici curiae urging affirmance were filed by E. Lewis Reid and Calvin E. Baldwin for the County of Tulare; by Robert C. Keck for the American National Cattlemen's Assn. et al.; and by Donald R. Allen for the Far West Ski Assn. et al.

MR. JUSTICE STEWART delivered the opinion of the Court.

 

-CITE-

     5 USC Sec. 556                                              01/16/96

 

-EXPCITE-

    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

    PART I - THE AGENCIES GENERALLY

    CHAPTER 5 - ADMINISTRATIVE PROCEDURE

    SUBCHAPTER II - ADMINISTRATIVE PROCEDURE

 

-HEAD-

    Sec. 556. Hearings; presiding employees; powers and duties; burden

        of proof; evidence; record as basis of decision

 

-STATUTE-

      (a) This section applies, according to the provisions thereof, to

    hearings required by section 553 or 554 of this title to be

    conducted in accordance with this section.

      (b) There shall preside at the taking of evidence -

        (1) the agency;

        (2) one or more members of the body which comprises the agency;

      or

        (3) one or more administrative law judges appointed under

      section 3105 of this title.

    This subchapter does not supersede the conduct of specified classes

    of proceedings, in whole or in part, by or before boards or other

    employees specially provided for by or designated under statute.

    The functions of presiding employees and of employees participating

    in decisions in accordance with section 557 of this title shall be

    conducted in an impartial manner.  A presiding or participating

    employee may at any time disqualify himself.  On the filing in good

    faith of a timely and sufficient affidavit of personal bias or

    other disqualification of a presiding or participating employee,

    the agency shall determine the matter as a part of the record and

    decision in the case.

      (c) Subject to published rules of the agency and within its

    powers, employees presiding at hearings may -

        (1) administer oaths and affirmations;

        (2) issue subpenas authorized by law;

        (3) rule on offers of proof and receive relevant evidence;

        (4) take depositions or have depositions taken when the ends of

      justice would be served;

        (5) regulate the course of the hearing;

        (6) hold conferences for the settlement or simplification of

      the issues by consent of the parties or by the use of alternative

      means of dispute resolution as provided in subchapter IV of this

      chapter;

        (7) inform the parties as to the availability of one or more

      alternative means of dispute resolution, and encourage use of

      such methods;

        (8) require the attendance at any conference held pursuant to

      paragraph (6) of at least one representative of each party who

      has authority to negotiate concerning resolution of issues in

      controversy;

        (9) dispose of procedural requests or similar matters;

        (10) make or recommend decisions in accordance with section 557

      of this title; and

        (11) take other action authorized by agency rule consistent

      with this subchapter.

      (d) Except as otherwise provided by statute, the proponent of a

    rule or order has the burden of proof.  Any oral or documentary

    evidence may be received, but the agency as a matter of policy

    shall provide for the exclusion of irrelevant, immaterial, or

    unduly repetitious evidence.  A sanction may not be imposed or rule

    or order issued except on consideration of the whole record or

    those parts thereof cited by a party and supported by and in

    accordance with the reliable, probative, and substantial evidence.

    The agency may, to the extent consistent with the interests of

    justice and the policy of the underlying statutes administered by

    the agency, consider a violation of section 557(d) of this title

    sufficient grounds for a decision adverse to a party who has

    knowingly committed such violation or knowingly caused such

    violation to occur.  A party is entitled to present his case or

    defense by oral or documentary evidence, to submit rebuttal

    evidence, and to conduct such cross-examination as may be required

    for a full and true disclosure of the facts.  In rule making or

    determining claims for money or benefits or applications for

    initial licenses an agency may, when a party will not be prejudiced

    thereby, adopt procedures for the submission of all or part of the

    evidence in written form.

      (e) The transcript of testimony and exhibits, together with all

    papers and requests filed in the proceeding, constitutes the

    exclusive record for decision in accordance with section 557 of

    this title and, on payment of lawfully prescribed costs, shall be

    made available to the parties.  When an agency decision rests on

    official notice of a material fact not appearing in the evidence in

    the record, a party is entitled, on timely request, to an

    opportunity to show the contrary.

 

-SOURCE-

    (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 386; Pub. L. 94-409, Sec.

    4(c), Sept. 13, 1976, 90 Stat. 1247; Pub. L. 95-251, Sec. 2(a)(1),

    Mar. 27, 1978, 92 Stat. 183; Pub. L. 101-552, Sec. 4(a), Nov. 15,

    1990, 104 Stat. 2737.)

 

-MISC1-

 

                       Historical and Revision Notes

    ---------------------------------------------------------------------

    Derivation             U.S. Code              Revised Statutes and

                                                   Statutes at Large

    ---------------------------------------------------------------------

                           5 U.S.C. 1006.         June 11, 1946, ch.

                                                   324, Sec. 7, 60

                                                   Stat. 241.

                     -------------------------------

      In subsection (b), the words ''hearing examiners'' are

    substituted for ''examiners'' in paragraph (3) for clarity.  The

    prohibition in the second sentence is restated in positive form and

    the words ''This subchapter does not'' are substituted for ''but

    nothing in this chapter shall be deemed to''.  The words

    ''employee'' and ''employees'' are substituted for ''officer'' and

    ''officers'' in view of the definition of ''employee'' in section

    2105. The sentence ''A presiding or participating employee may at

    any time disqualify himself.'' is substituted for the words ''Any

    such officer may at any time withdraw if he deems himself

    disqualified.''

      Standard changes are made to conform with the definitions

    applicable and the style of this title as outlined in the preface

    to the report.

                                 AMENDMENTS

      1990 - Subsec. (c)(6). Pub. L. 101-552, Sec. 4(a)(1), 11,

    inserted before semicolon at end ''or by the use of alternative

    means of dispute resolution as provided in subchapter IV of this

    chapter''.  See Termination Date of 1990 Amendment; Savings

    Provision note below.

      Subsec. (c)(7) to (11). Pub. L. 101-552, Sec. 4(a)(2), 11, added

    pars. (7) and (8) and redesignated former pars. (7) and (8) and

    redesignated former pars. (7) to (9) as as (9) to (11),

    respectively.  See Termination Date of 1990 Amendment; Savings

    Provision note below.

      1978 - Subsec. (b)(3). Pub. L. 95-251 substituted

    ''administrative law judges'' for ''hearing examiners''.

      1976 - Subsec. (d). Pub. L. 94-409 inserted provisions relating

    to consideration by agency of a violation under section 557(d) of

    this title.

           TERMINATION DATE OF 1990 AMENDMENT; SAVINGS PROVISION

      For termination Oct. 1, 1995, of authority of agencies to use

    dispute resolution proceedings, with exceptions, under amendments

    by Pub. L. 101-552, see section 11 of Pub. L. 101-552, set out as a

    note under section 571 of this title.

                      EFFECTIVE DATE OF 1976 AMENDMENT

      Amendment by Pub. L. 94-409 effective 180 days after Sept. 13,

    1976, see section 6 of Pub. L. 94-409, set out as an Effective Date

    note under section 552b of this title.

          HEARING EXAMINERS EMPLOYED BY DEPARTMENT OF AGRICULTURE

      Functions vested by this subchapter in hearing examiners employed

    by Department of Agriculture not included in functions of officers,

    agencies, and employees of that Department transferred to Secretary

    of Agriculture by 1953 Reorg. Plan No. 2, Sec. 1, eff.  June 4,

    1953, 18 F.R. 3219, 67 Stat. 633, set out in the Appendix to this

    title.

            HEARING EXAMINERS EMPLOYED BY DEPARTMENT OF COMMERCE

      Functions vested by this subchapter in hearing examiners employed

    by Department of Commerce not included in functions of officers,

    agencies, and employees of that Department transferred to Secretary

    of Commerce by 1950 Reorg. Plan No. 5, Sec. 1, eff.  May 24, 1950,

    15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to this title.

          HEARING EXAMINERS EMPLOYED BY DEPARTMENT OF THE INTERIOR

      Functions vested by this subchapter in hearing examiners employed

    by Department of the Interior not included in functions of

    officers, agencies, and employees of that Department transferred to

    Secretary of the Interior by 1950 Reorg. Plan No. 3, Sec. 1, eff.

    May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix

    to this title.

            HEARING EXAMINERS EMPLOYED BY DEPARTMENT OF JUSTICE

      Functions vested by this subchapter in hearing examiners employed

    by Department of Justice not included in functions of officers,

    agencies, and employees of that Department transferred to Attorney

    General by 1950 Reorg. Plan No. 2, Sec. 1, eff.  May 24, 1950, 15

    F.R. 3173, 64 Stat. 1261, set out in the Appendix to this title.

             HEARING EXAMINERS EMPLOYED BY DEPARTMENT OF LABOR

      Functions vested by this subchapter in hearing examiners employed

    by Department of Labor not included in functions of officers,

    agencies, and employees of that Department transferred to Secretary

    of Labor by 1950 Reorg. Plan No. 6, Sec. 1, eff.  May 24, 1950, 15

    F.R. 3174, 64 Stat. 1263, set out in the Appendix to this title.

          HEARING EXAMINERS EMPLOYED BY DEPARTMENT OF THE TREASURY

      Functions vested by this subchapter in hearing examiners employed

    by Department of the Treasury not included in functions of

    officers, agencies, and employees of that Department transferred to

    Secretary of the Treasury by 1950 Reorg. Plan. No. 26, Sec. 1,

    eff.  July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the

    Appendix to this title.

 

-CROSS-

                              CROSS REFERENCES

      Secretary of Health and Human Services, advisory committee's

    report, regulations covering pesticides and color additives, see

    sections 346a and 379e of Title 21, Food and Drugs.

      Secretary of Health and Human Services or his delegate, action in

    licensing manufacture of narcotic drugs, see section 822 et seq. of

    Title 21.

      Securities and Exchange Commission, delegation of functions by,

    see section 78d-1 of Title 15, Commerce and Trade.

 

-SECREF-

                   SECTION REFERRED TO IN OTHER SECTIONS

      This section is referred to in sections 553, 554, 557, 558, 706,

    3105 of this title; title 2 sections 501, 502, 1219, 1220, 1405;

    title 7 sections 86, 87e, 87f-1, 1359ii, 2023, 2707, 3804, 3805,

    4906, 6802, 6804; title 8 section 1182; title 15 sections 57a,

    2605, 3412; title 16 sections 796, 839f, 1536, 2602, 3636; title 20

    section 1234; title 21 sections 321, 342, 379e, 1041; title 22

    sections 1037a, 4136; title 30 sections 185, 811, 1415; title 33

    sections 907, 1319, 1321; title 39 sections 404, 3624, 3661; title

    41 sections 10b-1, 422; title 42 sections 300h-2, 2241, 7171, 7407,

    7413, 7502, 7511a, 7524, 7607, 9612, 11504; title 46 sections 7702,

    9303; title 47 section 155; title 49 sections 31136, 31317; title

    50 App. sections 16, 2159, 2410, 2412.

 

 

CITE-
    42 USC Sec. 1982                                             01/16/96
 
-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER I - GENERALLY
 
-HEAD-
    Sec. 1982. Property rights of citizens
 
-STATUTE-
      All citizens of the United States shall have the same right, in
    every State and Territory, as is enjoyed by white citizens thereof
    to inherit, purchase, lease, sell, hold, and convey real and
    personal property.
 
-SOURCE-
    (R.S. Sec. 1978.)
 
-COD-
                                CODIFICATION
      R.S. Sec. 1978 derived from act Apr. 9, 1866, ch. 31, Sec. 1, 14
    Stat. 27.
      Section was formerly classified to section 42 of Title 8, Aliens
    and Nationality.
 
-EXEC-
              EX. ORD. NO. 11063. EQUAL OPPORTUNITY IN HOUSING
      Ex. Ord. No. 11063, Nov. 20, 1962, 27 F.R. 11527, as amended by
    Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R. 1253; Ex. Ord. No.
    12892, Sec. 6-604, Jan. 17, 1994, 59 F.R. 2939, provided:
      WHEREAS the granting of Federal assistance for the provision,
    rehabilitation, or operation of housing and related facilities from
    which Americans are excluded because of their race, color, creed,
    or national origin is unfair, unjust, and inconsistent with the
    public policy of the United States as manifested in its
    Constitution and laws; and
      WHEREAS the Congress in the Housing Act of 1949 (see Short Title
    note set out under section 1441 of this title) has declared that
    the general welfare and security of the Nation and the health and
    living standards of its people require the realization as soon as
    feasible of the goal of a decent home and a suitable living
    environment for every American family; and
      WHEREAS discriminatory policies and practices based upon race,
    color, creed, or national origin now operate to deny many Americans
    the benefits of housing financed through Federal assistance and as
    a consequence prevent such assistance from providing them with an
    alternative to substandard, unsafe, unsanitary, and overcrowded
    housing; and
      WHEREAS such discriminatory policies and practices result in
    segregated patterns of housing and necessarily produce other forms
    of discrimination and segregation which deprive many Americans of
    equal opportunity in the exercise of their unalienable rights to
    life, liberty, and the pursuit of happiness; and
      WHEREAS the executive branch of the Government, in faithfully
    executing the laws of the United States which authorize Federal
    financial assistance, directly or indirectly, for the provision,
    rehabilitation, and operation of housing and related facilities, is
    charged with an obligation and duty to assure that those laws are
    fairly administered and that benefits thereunder are made available
    to all Americans without regard to their race, color, creed, or
    national origin:
      NOW, THEREFORE, by virtue of the authority vested in me as
    President of the United States by the Constitution and laws of the
    United States, it is ordered as follows:
                   PART I - PREVENTION OF DISCRIMINATION
      Section 101. I hereby direct all departments and agencies in the
    executive branch of the Federal Government, insofar as their
    functions relate to the provision, rehabilitation, or operation of
    housing and related facilities, to take all action necessary and
    appropriate to prevent discrimination because of race, color,
    religion (creed), sex, disability, familial status or national
    origin -
      (a) in the sale, leasing, rental, or other disposition of
    residential property and related facilities (including land to be
    developed for residential use), or in the use or occupancy thereof,
    if such property and related facilities are -
      (i) owned or operated by the Federal Government, or
      (ii) provided in whole or in part with the aid of loans,
    advances, grants, or contributions hereafter agreed to be made by
    the Federal Government, or
      (iii) provided in whole or in part by loans hereafter insured,
    guaranteed, or otherwise secured by the credit of the Federal
    Government, or
      (iv) provided by the development or the redevelopment of real
    property purchased, leased, or otherwise obtained from a State or
    local public agency receiving Federal financial assistance for slum
    clearance or urban renewal with respect to such real property under
    a loan of grant contract hereafter entered into; and
      (b) in the lending practices with respect to residential property
    and related facilities (including land to be developed for
    residential use) of lending institutions, insofar as such practices
    relate to loans hereafter insured or guaranteed by the Federal
    Government.
      Sec. 102. I hereby direct the Department of Housing and Urban
    Development and all other executive departments and agencies to use
    their good offices and to take other appropriate action permitted
    by law, including the institution of appropriate litigation, if
    required, to promote the abandonment of discriminatory practices
    with respect to residential property and related facilities
    heretofore provided with Federal financial assistance of the types
    referred to in Section 101(a)(ii), (iii), and (iv).
            PART II - IMPLEMENTATION BY DEPARTMENTS AND AGENCIES
      Sec. 201. Each executive department and agency subject to this
    order is directed to submit to the President's Committee on Equal
    Opportunity in Housing established pursuant to Part IV of this
    order (hereinafter sometimes referred to as the Committee), within
    thirty days from the date of this order, a report outlining all
    current programs administered by it which are affected by this
    order.
      Sec. 202. Each such department and agency shall be primarily
    responsible for obtaining compliance with the purposes of this
    order as the order applies to programs administered by it; and is
    directed to cooperate with the Committee, to furnish it, in
    accordance with law, such information and assistance as it may
    request in the performance of its functions, and to report to it at
    such intervals as the Committee may require.
      Sec. 203. Each such department and agency shall, within thirty
    days from the date of this order, issue such rules and regulations,
    adopt such procedures and policies, and make such exemptions and
    exceptions as may be consistent with law and necessary or
    appropriate to effectuate the purposes of this order.  Each such
    department and agency shall consult with the Committee in order to
    achieve such consistency and uniformity as may be feasible.
                           PART III - ENFORCEMENT
      Sec. 301. The Committee, any subcommittee thereof, and any
    officer or employee designated by any executive department or
    agency subject to this order may hold such hearings, public or
    private, as the Committee, department, or agency may deem advisable
    for compliance, enforcement, or educational purposes.
      Sec. 302. If any executive department or agency subject to this
    order concludes that any person or firm (including but not limited
    to any individual, partnership, association, trust, or corporation)
    or any State or local public agency has violated any rule,
    regulation, or procedure issued or adopted pursuant to this order,
    or any nondiscrimination provision included in any agreement or
    contract pursuant to any such rule, regulation, or procedure, it
    shall endeavor to end and remedy such violation by informal means,
    including conference, conciliation, and persuasion unless similar
    efforts made by another Federal department or agency have been
    unsuccessful.  In conformity with rules, regulations, procedures,
    or policies issued or adopted by it pursuant to Section 203 hereof,
    a department or agency may take such action as may be appropriate
    under its governing laws, including, but not limited to, the
    following:
      It may -
      (a) cancel or terminate in whole or in part any agreement or
    contract with such person, firm, or State or local public agency
    providing for a loan, grant, contribution, or other Federal aid, or
    for the payment of a commission or fee;
      (b) refrain from extending any further aid under any program
    administered by it and affected by this order until it is satisfied
    that the affected person, firm, or State or local public agency
    will comply with the rules, regulations, and procedures issued or
    adopted pursuant to this order, and any nondiscrimination
    provisions included in any agreement or contract;
      (c) refuse to approve a lending institution or any other lender
    as a beneficiary under any program administered by it which is
    affected by this order or revoke such approval if previously given.
      Sec. 303. In appropriate cases executive departments and agencies
    shall refer to the Attorney General violations of any rules,
    regulations, or procedures issued or adopted pursuant to this
    order, or violations of any nondiscrimination provisions included
    in any agreement or contract, for such civil or criminal action as
    he may deem appropriate.  The Attorney General is authorized to
    furnish legal advice concerning this order to the Committee and to
    any department or agency requesting such advice.
      Sec. 304. Any executive department or agency affected by this
    order may also invoke the sanctions provided in Section 302 where
    any person or firm, including a lender, has violated the rules,
    regulations, or procedures issued or adopted pursuant to this
    order, or the nondiscrimination provisions included in any
    agreement or contract, with respect to any program affected by this
    order administered by any other executive department or agency.
       PART IV - ESTABLISHMENT OF THE PRESIDENT'S COMMITTEE ON EQUAL
                           OPPORTUNITY IN HOUSING
      (Revoked. Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R. 1253; Ex.
    Ord. No. 12892, Sec. 6-604, Jan. 17, 1994, 59 F.R. 2939.)
      PART V - POWERS AND DUTIES OF THE PRESIDENT'S COMMITTEE ON EQUAL
                           OPPORTUNITY IN HOUSING
      Sec. 501. (Revoked. Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R.
    1253; Ex. Ord. No. 12892, Sec. 6-604, Jan. 17, 1994, 59 F.R. 2939.)
      Sec. 502. (a) The Committee shall take such steps as it deems
    necessary and appropriate to promote the coordination of the
    activities of departments and agencies under this order.  In so
    doing, the Committee shall consider the overall objectives of
    Federal legislation relating to housing and the right of every
    individual to participate without discrimination because of race,
    color, religion (creed), sex, disability, familial status or
    national origin in the ultimate benefits of the Federal programs
    subject to this order.
      (b) The Committee may confer with representatives of any
    department or agency, State or local public agency, civic,
    industry, or labor group, or any other group directly or indirectly
    affected by this order; examine the relevant rules, regulations,
    procedures, policies, and practices of any department or agency
    subject to this order and make such recommendations as may be
    necessary or desirable to achieve the purposes of this order.
      (c) The Committee shall encourage educational programs by civic,
    educational, religious, industry, labor, and other nongovernmental
    groups to eliminate the basic causes of discrimination in housing
    and related facilities provided with Federal assistance.
      Sec. 503. (Revoked. Ex. Ord. No. 12259, Dec. 31, 1980, 46 F.R.
    1253; Ex. Ord. No. 12892, Sec. 6-604, Jan. 17, 1994, 59 F.R. 2939.)
                          PART VI - MISCELLANEOUS
      Sec. 601. As used in this order, the term ''departments and
    agencies'' includes any wholly-owned or mixed-ownership Government
    corporation, and the term ''State'' includes the District of
    Columbia, the Commonwealth of Puerto Rico, and the territories of
    the United States.
      Sec. 602. This order shall become effective immediately.
      (Functions of President's Committee on Equal Opportunity in
    Housing under Ex. Ord. No. 11063 delegated to Secretary of Housing
    and Urban Development by Ex. Ord. No. 12892, Sec. 6-604(a), Jan.
    17, 1994, 59 F.R. 2939, set out as a note under section 3608 of
    this title.)
 
-CROSS-
                              CROSS REFERENCES
      Third party tort liability to United States for hospital and
    medical care, see section 2651 et seq. of this title.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 1988, 3608 of this title.