Pritikin

Trisha T. Pritikin appeals the district court’s entry of summary judgment in favor of the Department of Energy (“DOE”). Pritikin sued DOE to compel it to budget *793 for the medical monitoring program that the Agency for Toxic Substances and Disease Registry (“ATSDR”) was required to institute at the Hanford Nuclear Reservation (“Hanford”). The district court concluded that it lacked subject matter jurisdiction on two grounds: (1) Pritikin failed to meet the requirements for instituting a citizen’s suit under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9659 (a)(1) and (2) (“CERCLA”); and (2) there was no final agency action to challenge under the Administrative Procedure Act, 5 U.S.C. § 701 , et seq. (“APA”). We agree that we lack jurisdiction to entertain this action, but rely on a third ground: Pritikin lacks constitutional standing to compel DOE to make budget requests and to reprogram existing funds for the medical monitoring program because she cannot show that its failure to do so is the cause of the injury she seeks to redress or that requiring DOE to do so will result in ATSDR’s implementation of the medical monitoring program. We…