In law, standing or locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case. The party is directly subject to an adverse effect by the statute or action in question, and the harm suffered will continue unless the court grants relief.
Since there is currently no statute or action there can be no standing. Orrick knows this, he just chooses to ignore it.