Director, Office of Workers' Compensation Programs v. Newport News Shipbuilding & Dry Dock Co., 514 U.S. 122, 2 (1995)

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Cite as: 514 U. S. 122 (1995)

Opinion of the Court

of their statutes; absent some clear and distinctive responsibility conferred upon the agency, an "adversely affected or aggrieved" judicial review provision leaves private interests (even those favored by public policy) to be vindicated by private parties. Heckman v. United States, 224 U. S. 413; Moe v. Confederated Salish and Kootenai Tribes of Flat-head Reservation, 425 U. S. 463; Pasadena City Bd. of Ed. v. Spangler, 427 U. S. 424; and General Telephone Co. of Northwest v. EEOC, 446 U. S. 318, distinguished. Also insufficient is the Director's asserted interest in fulfilling important administrative and enforcement responsibilities. She fails to identify any specific statutory duties that an erroneous Board ruling interferes with, reciting instead conjectural harms to abstract and remote concerns. Pp. 130-136.

8 F. 3d 175, affirmed.

Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, O'Connor, Kennedy, Souter, Thomas, and Breyer, JJ., joined. Ginsburg, J., filed an opinion concurring in the judgment, post, p. 136.

Beth S. Brinkmann argued the cause for petitioner. With her on the briefs were Solicitor General Days, Deputy Solicitor General Wallace, Allen H. Feldman, Steven J. Mandel, and Mark S. Flynn.

Lawrence P. Postol argued the cause for respondents. With him on the brief was James M. Mesnard.*

Justice Scalia delivered the opinion of the Court.

The question before us in this case is whether the Director of the Office of Workers' Compensation Programs in the United States Department of Labor has standing under 21(c) of the Longshore and Harbor Workers' Compensation Act (LHWCA or Act), 44 Stat. 1424, as amended, 33 U. S. C. 901 et seq., to seek judicial review of decisions by the Benefits Review Board that in the Director's view deny claimants compensation to which they are entitled.

*Charles T. Carroll, Jr., Thomas D. Wilcox, and Dennis J. Lindsay filed a brief for the National Association of Waterfront Employers et al. as amici curiae urging affirmance.

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