Standing

In Friends of St. Frances Xavier Cabrini Church v. FEMA, a nonprofit association challenged several acts of FEMA in dealing with a historic church property.  The Court analyzed the association’s standing, beginning by noting that as a jurisdictional matter, the issue can be examined for the first time on appeal.   Op. at 8.  To establish standing, “[t]he plaintiff must show that he has sustained or is immediately in danger of sustaining some direct injury as the result of the challenged official conduct and the injury or threat of injury must be both real and immediate . . . ”  Op. at 9.  The Court found that the association lacked a sufficient “geographical nexus” as to FEMA’s activities in the Ninth Ward and did not suffer “concrete injury” from alleged deficiencies in FEMA’s review processes.  Op. at 12.  The case was remanded with instructions to dismiss for lack of standing.