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Grocery Manufacturers Association v. Environmental Protection Agency

Certiorari Denied

Petition for certiorari denied on June 24, 2013.

Docket No.12-1055
Op. BelowDC Cir.

Issue

(1) Whether prudential standing is jurisdictional, as the D.C., Second, and Sixth Circuits have held, or whether it is non-jurisdictional and can be conceded or waived by a defending party, as the Fifth, Seventh, Ninth, Tenth, and Federal Circuits have held; (2) whether, when Congress enacts a comprehensive and integrated statute governing a single subject matter, a group of petitioners whose interests Congress expressly identified and protected are in the "zone of interests" of that statute and therefore have prudential standing to challenge an agency decision issued under it; and (3) whether regulated industries have constitutional standing to challenge a rule that, as an integral part of a comprehensive regulatory scheme, imposes substantial new burdens on those industries.

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