Standing for Animals

Anika Mohammed

An issue that plagues animal rights advocates is something we, as people, take for granted: standing to sue. In order to find standing, generally three factors must be found: 1) injury-in-fact, 2) causation, and 3) redressability. Unfortunately for animals, courts do not recognize the injury of an animal alone to give that animal standing, even though their rights have been violated.

Standing to sue is an issue recognized around the world. The Filipino case Minors Oposa was considered a ground-breaking case, and its affect felt around the world. In Minors Oposa the high court of the Philippines expressed their willingness to recognize the standing of not just minors, but future generations not yet born. This was done in an attempt to protect future generations’ right to a balanced and healthful ecology. Though this may seem like a wild idea, suing on behalf of future generations, it makes sense. When harm is being done, the affected parties should have their interests protected, even if someone else has to bring the action. Continue reading

Christopher Stone on Nonhuman Legal Standing

David Cassuto

Christopher Stone, author of the seminal 1972 law review article, Should Trees Have Standing,  takes on the issue of standing for nonhuman animals.  Stone writes with characteristic eloquence about something that — while it may sound legally arcane — could well be the single most important issue in animal law today.