Qui tam decision upsets precedent; whistleblower provisions of False Claims Act violate Art. III standing requisites, says court

Article Abstract:

A federal district court ruled in United States ex rel. Riley v. St. Luke's Episcopal Hospital that the plaintiff lacked standing to sue under Article III of the Constitution, applying to standing, in spite of congressional approval to file suit according to the law's whistleblower or 'qui tam" provisions. The court rejected the group of reported decisions refusing to find the century-old law unconstitutional. The United States Court of Appeals for the 5th Circuit, where the case is being appealed, has one reported case on qui tam plaintiff's standing under the False Claims Act.

United States, Whistle blowing, Whistleblowing

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Narrowed standing is harmful

Article Abstract:

The Supreme Court decision in Lujan v Defenders of Wildlife put up barriers to standing that may impinge on the bringing of citizen suits to ensure adherence to environmental law. The suit alleged a violation of the Endangered Species Act of 1973 by the Department of the Interior, but the high court ruled that Defenders of Wildlife had not shown the 'imminent' and 'concrete' personal injury required by the Constitution for a federal court suit. Here the court is applying common-law concepts of injury to federal laws passed because common law did not provide enough protection.

Environmental law

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EPA ought to be part of cabinet

Article Abstract:

A pathological cycle of distrust has dominated efforts at environmental protection and it moves from Congress to the White House, preventing the Environmental Protection Agency (EPA) from attaining cabinet status. Congress has often set unrealistic deadlines for the EPA to enforce laws and the attempt by the EPA to gain more time through the courts has met largely with failure.

Political aspects, United States. Environmental Protection Agency, Cabinet system

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