Article:
Jonathan D. Varat, Variable Justiciability and the Duke Power Case, 58 TEXAS L. REV. 273 (1980).
 

Abstract:
Article III’s “case or controversy” clause is an important limitation on the power of federal courts. Justiciability doctrines of standing, mootness, ripeness, and the political question doctrine have historically limited a federal court’s power to hear claims. Prof. Varat argues that the recent U.S. Supreme Court decision in Duke Power Co. v. Carolina Environmental Study Group, Inc. is a striking departure from previous standards of justiciability. Although the court purported to adhere to justiciability standards, in actuality it eviscerated them.