August 2021 - 31

had failed to demonstrate the
required injury-in-fact requirement
for standing in federal court. As
characterized by the court, POP had
simply alleged that " the government
has failed to follow the law " under
the Illinois public trust doctrine.
While conceding the fact
that " [a]ll residents of Chicago
- indeed,
advocate
for
good
government everywhere - desire
that the government follow the
law, " the federal appeals court
held it would be fundamentally
" inconsistent " with the exercise
of federal judicial power under
Article III for a federal court to
recognize standing based on such
an " undifferentiated " injury:
A generalized grievance, no
matter how sincere, is insufficient
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31
Injury to the Park
Environment
In the alternative, POP also had
claimed standing to proceed in
federal court because Jackson Park
would suffer an " injury in fact " as
a result of the City's violations of
state law. In so doing, POP claimed
" the City's plan to turn part of
Jackson Park into the Obama Presidential
Center will cause irreparato
confer standing. For Article III
purposes, the plaintiffs are nothing
more than " concerned bystanders, "
and concerned bystanders are not
entitled to press their claims in
federal court. The fact that Illinois
would permit them to do so in state
court is irrelevant to the Article III
inquiry.
ble damage to Jackson Park that is
fairly traceable to the construction
project. " The alleged damage included
" departing from Frederick
Law Olmsted's original plan for
the landscape of Jackson Park and
jeopardizing the Park's listing on
the National Register of Historic
Places. " The federal appeals court
rejected this argument.
Despite any damage to Jackson
Park by the Obama Presidential
Center project, the federal appeals
court noted " the relevant showing
for purposes of Article III standing
is not injury to the environment but
injury to the plaintiff. " In this case,
the federal appeals court noted that
POP had not alleged the kind of
concrete injury that many plaintiffs
bringing environmental challeng
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August 2021

Table of Contents for the Digital Edition of August 2021

August 2021 - Intro
August 2021 - Cover1
August 2021 - Cover2
August 2021 - 1
August 2021 - 2
August 2021 - 3
August 2021 - 4
August 2021 - 5
August 2021 - 6
August 2021 - 7
August 2021 - 8
August 2021 - 8a
August 2021 - 8b
August 2021 - 9
August 2021 - 10
August 2021 - 11
August 2021 - 12
August 2021 - 13
August 2021 - 14
August 2021 - 15
August 2021 - 16
August 2021 - 17
August 2021 - 18
August 2021 - 19
August 2021 - 20
August 2021 - 21
August 2021 - 22
August 2021 - 23
August 2021 - 24
August 2021 - 25
August 2021 - 26
August 2021 - 27
August 2021 - 28
August 2021 - 29
August 2021 - 30
August 2021 - 31
August 2021 - 32
August 2021 - 33
August 2021 - 34
August 2021 - 35
August 2021 - 36
August 2021 - 37
August 2021 - 38
August 2021 - 39
August 2021 - 40
August 2021 - 41
August 2021 - 42
August 2021 - 43
August 2021 - 44
August 2021 - 45
August 2021 - 46
August 2021 - 47
August 2021 - 48
August 2021 - 49
August 2021 - 50
August 2021 - 51
August 2021 - 52
August 2021 - 53
August 2021 - 54
August 2021 - 55
August 2021 - 56
August 2021 - Cover3
August 2021 - Cover4
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/august-2021
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/july-2021
https://www.nxtbook.com/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
https://www.nxtbookmedia.com