National Park Service v. National Trust for Historic Preservation in the United States · ¶8

Beginning with the merits, the government is likely to prevail in showing that the Trust lacks standing to challenge the East Wing project. To secure standing to sue in federal court consistent with Article III of the Constitution, a plaintiff must establish that it has suffered an “injury in fact”—that is, the “invasion of a legally protected interest.” Lujan v. Defenders of Wildlife, 504 U. S. 555, 560 (1992) (internal quotation marks omitted). Further, the plaintiff must demonstrate that its injury is “(a) concrete and particularized . . . and (b) actual or imminent.” Ibid. (internal quotation marks omitted); see also TransUnion LLC v. Ramirez, 594 U. S. 413, 423 (2021) (“injury in fact” must be “concrete, particularized, and actual or imminent”).

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