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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Yesler Terrace Community Council v. Cisneros, 37 F.3d 442 (1994)

Citation
Yesler Terrace Community Council v. Cisneros, 37 F.3d 442 (1994)
Parent Document
Yesler Terrace Community Council v. Cisneros, 37 F.3d 442 (1994)
Effective Date
1994-09-12

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As a threshold matter, HUD challenges Yesler's standing to bring this action. Ordinarily, a plaintiff must establish three elements to have standing. First, the plaintiff must point to a concrete injury which the plaintiff personally has suffered or with which it is imminently threatened (an "injury in fact"). Lujan v. Defenders of Wildlife, --- U.S. ----, ----, 112 S.Ct. 2130, 2136, 119 L.Ed.2d 351 (1992). Second, the plaintiff must show that the alleged injury is "fairly traceable" to the defendant's action. Id. Third, the plaintiff must demonstrate that a favorable decision is likely to redress that injury. Id. When a plaintiff challenges an agency action under the APA, it also must show that the interests it seeks to protect are "arguably within the zone of interests to be protected" by the statute in question. Association of Data Processing Service Orgs., Inc. v. Camp, 397 U.S. 150, 153, 90 S.Ct. 827, 829, 25 L.Ed.2d 184 (1970). We conclude that Yesler satisfies all of these requirements.