Setonia Case Study

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Whether the State of Setonia have standing under the doctrine of standing and the parens patriae to file a case and sue the Environmental Protection Agency (EPA), for the release of toxins in the state. The state of Setonia alleges that massive toxins emitted by the Environmental Protection Agency have resulted in global warming, which, in turn, has severely eroded the land where the state of Setonia is and threatens its fourth major industry, tourism, with imminent destruction. The question before us is whether the Environmental Protection Agency (“EPA”) action that the Act authorizes, displaces Setonia’s claims. I hold that to be fallacious. I. STATEMENT OF THE LEGAL STANDARD In order to accurately assess which cases can be disputed in a …show more content…

Injury in Fact (there has actually been an injury) “2. Causation (the person who is being brought into the court actually caused the injury) “3. Redressability (the court has the ability to actually do something about the injury) The Court also uses another serious of test to determine of the case can be carried out in court after it has already passed the three-pronged test f standing. In order to do so, the Court uses test to determine a case’s, ripeness, mootness, and justiciability. The explanation of these elements and how they work in relation with standing is explained as follows: “Ripeness refers to when the case is ready, or ripe, to be heard by the court. Courts do not like to issue rulings on things that are not issues yet and can avoid these cases by claiming they are not “ripe”. Mootness is a similar concept, but is used when an issue has already been decided or resolved. Justiciability is closely related to the third prong of the standing test. Courts will not hear a case where no actual remedy can be …show more content…

STATEMENT OF THE FACTS Setonia is one of the United States naturally preserved states. The aesthetic beauty of the state has made tourism one of Setonia’s largest industries during the summer months. Tourism, however, is only the fourth largest industry in Setonia, preceded by insurance, reinsurance and manufacturing. Kompany is a business within the state of Setonia that has factories in the surrounding states. Kompany has been around for many years creating different kinds of widgets that are sold in Setonia and the states the factories are operating in. All factories that create widgets release some chemicals as a byproduct. The chemicals that are released are conductive to a cycle of acid rain that erodes natural resources in Setonia, such as the popular statute in which Setonia is famous for, the Balancing Rocks. However due to the positioning of Kompany’s factories the acid rain does not fall on any populated areas in Setonia nor does the rainfall during the summer months, when visitation is the highest. Furthermore, the acid rain is not a health risk to the people in

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