Unit I Case: Sackett v. EPA (2012). Anonymous Anonymous Facts: Michael and Chantell Sackett & Environmental Protection Act are the parties within the lawsuit disputing if the Sacketts are responsible for violating the Environmental Protection Act (Sackett v. EPA 2012). The disagreement was over the Sacketts challenging the issuance of a citation from the EPA because the Sacketts were violating the Clean Water Act by placing field material on the property. The Clean water act forbids the dumping of any contaminants by anybody without the proper certification permitting the discarded materials to be dumped in a body of water (Sackett v. EPA 2012). The Sacketts did not believe that their property violated the Clean Water act, requesting a hearing with the EPA, which was denied by the United States District Court for the District of Idaho (Sackett v. EPA 2012).
What must a party show in order to survive a motion for summary judgment for lack of standing? 3. If a plaintiff is not an object of government action, what must a party show in order to show standing? 4. Can Congress pass legislation that allows for the creation of citizen suits that confer standing upon citizens who would not be able to allege an injury in fact?
To successfully invoke this defense, the purchaser or occupier had to establish that it had no reason to know that the property was contaminated. Since the problem with brownfields is the existence or suspicion of contamination, the defense was largely unavailable to prospective developers or tenants of brownfield sites. To eliminate this obstacle to redevelopment of brownfields, the Brownfield Amendments created the BFPP defense for landowners or tenants who knowingly acquire or lease contaminated property after January 11, 2002. Only those parties that qualify for the BFPP defense are potentially subject to the windfall lien. To qualify for the BFPP, the owner or tenant must establish by a preponderance of the evidence that it has satisfied the following eight conditions: • All disposal of hazardous substances occurred before the purchaser acquired the facility.
The legal concerns that need to be addressed when considering implementing a Frequent Shopper Program are as follows • Protect any credit or medical information that pertains to the consumer, outside of this regulation there are “No laws prevent a supermarket from accumulating and selling information concerning the identity of customers and the products they purchase. The right to have personal information kept private, whether by state or federal law or regulation, extends only to credit and medical information, and it is not an absolute right.” (1999, August 25). The Augusta
The federal government can also control exchange in a situation when it has an effect on interstate progress of supplies and provisions and may strike down state proceedings which are obstacles to such movements (2012). Is The Confusion Statue Constitutional? Discuss Your Legal Reasoning Under the meaning of Article III, Section 2 of the U.S. Constitution, the lawsuit stresses a “case of controversy.” Although states have the authority to set their own statues, some of them can cause distress and have to be evaluated by advanced courts. The state of Confusion is using the undemanding fact that the trucks have to drive through their state and are advancing from them economically. They are not requiring the B-type hitch to guard the roadways and are exclusively requiring the hitch to generate additional profits.
If the truckers needed to weld these new mud flaps onto their trucks it would meaning loading and unloading their cargo. The time required to do these tasks would seriously interfere with interstate commerce. Congress usually does not step in when it comes to states making statutes about their highways. But when the statute interferes with interstate commerce, Congress may step in and turn the statue down as in the case of Bibb v Navajo Freight Lines in 1959 (FindLaw, 2011). If Tanya Trucker mentions this case to the court then they may consider the facts of that case and how they relate the case involving the state of Confusion and
There are several key actors who can affect the future of RU-486 in the US. President Reagan and his administration, Commissioner Young, and pro-life interest groups do not want RU-486 to be distributed in the US. Pro-choice groups, Roussel and other pharmaceutical companies want RU-486 to be present in the US market. In the long term, the Republican administration and its pro-life allies will want to solidify the FDA’s position on RU-486 making it difficult for opponents to infiltrate the agency’s bureaucratic structure and allow possible approval of the drug. Opponents will want to keep the FDA structure more open, hoping to gain an opportunity for policy change with a shift in political
Nuclear regulatory commission regulates the nation’s civilian use of byproducts, sources and special nuclear material to ensure adequate protection of public health and safety, to promote the common defense and security, and to protect the environment. The Federal Energy Regulatory Commission ensures that the prices the consumers pay for energy are reasonable and fair. Although it does not set energy prices, it oversees the electricity and pipeline transmission rates between states. Furthermore, it licenses hydroelectric plants not owned by the state. In addition, it also oversees matters regarding to the environment in relation to production of natural gas and hydroelectric energy are adhered to (Norman, Thisse Phlips, 2000).
MGT2 Task 3 Part A. Addendum to Xemba Translations’ Telecommuter Expansion Project Risk Assessment Matrix Description of Risk | Impact | Likelihood of Occurrence(L,M,H) | Degree of Impact(L,M,H) | Initial Action to Take if Event Occurs | Team Member Responsible | Strategies for Prevention and Mitigation | | Customer data becomes public, or altered because of lax in security on telecommuters computers | “The FTC Act provides penalties monetary, as well as, criminal for violations of consumer data privacy,” (Jolly, 2013). Consumers may also elect to pursue civil action. | L | H | Deny further access to the company database from any external sources until measures are taken to assure this does not happen again. | Hugh, Malinda | Make sure there is a privacy policy in place and that employees are aware of it and the consequences of violations. Secure the Telecommuters computers before they are distributed.
The guide includes this disclaimer by the Mexican government: “This Consular Protection Guide does not promote crossing by Mexicans without legal documentation required by the government of the United States. Its purpose is to make known the risks, and to inform the migrants about their rights, whether they are legal residents or not.” What features of the content, tone, and style of this pamphlet support this declaration? What features, if any, suggest an ambivalent attitude toward illegal migration? * Features of this pamphlet that support this declaration include: the risk factors of trafficking, the list of symptoms of dehydration and how to not get lost and cross the desert somewhat safely. * Features of this pamphlet that support an ambivalent attitude towards illegal migration include: when this article discusses the use of 45 different consulates to seek.