850 F. Supp. 2d 288
D.D.C.2012Background
- ASC, a nonprofit coalition, sued the DOE seeking to repeal, amend, and clarify Title IX rulemaking as applied to high schools.
- ASC petitioned under the APA for rulemaking to rescind the Three-Part Test's application to high school athletics; the petition was denied in 2008.
- ASC seeks declaratory and injunctive relief to stop the Three-Part Test's application to high schools and to require rulemaking.
- The court grants the motion to dismiss for lack of subject matter jurisdiction due to ASC's standing deficiencies.
- The analysis examines standing theories: petition-denial standing, associational standing, and organizational standing, under several circuit precedents.
- The court concludes that ASC has no injury-in-fact, no representational injury, and no organizational injury that is cognizable and redressable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| whether ASC has Article III standing to challenge denial of its petition | ASC asserts injury-in-fact from denial of petition seeking rulemaking | DOE argues denial alone lacks cognizable injury without underlying harm | ASC lacks standing; petition denial alone does not confer jurisdiction |
| whether ASC has associational standing to represent its members | ASC represents coaches, athletes, and fans with standing to sue | injuries must be suffered by members themselves with concrete causation | No associational standing; members must have standing in their own right |
| whether ASC has organizational standing | denial impedes ASC's mission and causes resource diversion | injuries depend on third-party actions and are not fairly traceable | No organizational standing; injuries not fairly traceable or redressable |
| whether any other standing theory supports federal jurisdiction | petition denial should create automatic standing under applicable precedents | controlling precedent rejects automatic standing from petition denial | No automatic standing; jurisdiction lacks |
Key Cases Cited
- National Wrestling Coaches Ass'n v. Dep't of Educ., 366 F.3d 930 (D.C. Cir. 2004) (standing depends on underlying injury from third-party choices)
- Gettman v. DEA, 290 F.3d 430 (D.C. Cir. 2002) (petition denial alone does not confer standing without injury)
- Fund Democracy, LLC v. SEC, 278 F.3d 21 (D.C. Cir. 2002) (statutory right to a hearing does not by itself create standing)
- Hydro Investors, Inc. v. FERC, 351 F.3d 1192 (D.C. Cir. 2003) (denial of petition does not confer standing absent concrete interest)
- Shipbuilders Council of Amer. v. United States, 868 F.2d 452 (D.C. Cir. 1989) (agency petition rights do not by themselves grant standing)
- College Sports Council v. Department of Education, 465 F.3d 20 (D.C. Cir. 2007) (contextual discussion of standing related to petition denial)
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (S. Ct. 1992) (injury-in-fact, causation, and redressability prerequisites)
- National Customs Brokers & Forwarders Ass’n of Amer., Inc. v. United States, 883 F.3d 93 (D.C. Cir. 2018) (refusals to institute rulemaking are subject to judicial check but do not automatically confer standing)