Standing and Future Generations: Does Massachusetts v. EPA Open Standing for Generations to Come?
27th February 2009By: Bradford C. Mank
Many issues, especially potential environmental catastrophes caused by
climate change, affect not just the living, but also future
generations. Indeed, climate change is likely to have greater impacts
on those living fifty or one hundred years from now than those alive
today. Many commentators have observed that the American political
system does not adequately protect the interests of future generations.
Because the unborn cannot vote in today’s elections, elected officials,
including the President and Congress, normally focus on the short-term
interests of current voters and largely ignore long-term problems that
will arise after they have left office or died. The bias in our
political system against addressing the interests of future generations
poses serious obstacles in solving long-term environmental problems
such as global warming. ... Because future generations cannot vote,
unelected federal judges are more suited to protect their interests
than the political branches. ... Despite the “actual and imminent” requirement limitation of suits on behalf of future generations, the Massachusetts decision supports the protection of future generations in some circumstances.