The National Association of REALTORS® (NAR), joined by the Indiana Association of REALTORS® and a coalition of national and state trade groups, filed an amicus briefpdf urging the Indiana Supreme Court to uphold associational standing, a longstanding judicial doctrine that allows organizations to bring lawsuits on behalf of their members without requiring individual members to participate directly.
The case stems from a challenge by Citizens Action Coalition of Indiana (CAC) to a state-approved Duke Energy rate increase intended to cover coal ash cleanup costs, citing concerns about consumer affordability and the environmental impacts. The Indiana Court of Appeals found that CAC had standing to pursue the case under the U.S. Supreme Court's decision in Hunt v. Washington State Apple Advertising Commission, which permits associations to sue on behalf of their members when the members would otherwise have standing, that the issues are related to the organization's mission, and the claims do not require participation by individual members. Duke Energy has asked the Indiana Supreme Court to reject the Hunt framework as a matter of Indiana law.
Recognizing the broader implications of the issue, the Indiana Supreme Court invited the amicus briefing on whether Indiana should formally adopt the federal doctrine of associational standing. NAR and its coalition partners argued that limiting associational standing would significantly hinder the ability of trade associations and other membership organizations to advocate effectively for their members in judicial proceedings.
NAR will continue to monitor the status of this case and provide updates accordingly.