Schuyler Van Scoy v. Shell Oil Company

98 F.3d 1348 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Schuyler VAN SCOY, Plaintiff-Appellant, v. SHELL OIL COMPANY, Defendant-Appellee. No. 95-15961. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 17, 1996. Decided Oct. 2, 1996. 1 Before: CHOY, CANBY, and FERNANDEZ, Circuit Judges 2 MEMORANDUM * 3 Schuyler Van Scoy appeals the district court's dismissal for lack of standing of his citizen suit against Shell Oil Company pursuant to the Endangered Species Act (ESA) 16 U.S.C. § 1540 (g)(1)(A). We affirm. 4 In order to establish standing, Van Scoy bears the burden of proving that he has suffered "an invasion of a legally-protected interest which is (a) concrete and particularized; and (b) actual or imminent, not conjectural or hypothetical." Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 , 112 S.Ct. 2130, 2136 , 119 L.Ed.2d 351 (1992) (citations and internal quotations omitted). Because he failed to do so, the district court correctly…