2020 Environmental Law Midterm (EENV 387)

2020 Environmental Law Midterm (EENV 387)

1. Name the three branches of the federal government (3 pts):

2. Please give two examples of how the judiciary serves as a check on legislative power. (2 pt)

3. True or false: the federal government has the power to enact laws regulating wholly intrastate commerce. ________ (1 pt)
4. Please explain your answer to the previous question. (1 pt)

5. Please explain the two ways in which a constitutional amendment may be added to the U.S. constitution (2 pts).

2020 Environmental Law Midterm (EENV 387)

7. You believe that your neighbor, Acme Incorporated, has allowed hazardous substances to spill onto the ground, and that those substances have infiltrated the groundwater, forming a plume beneath your property. Based upon this
fact scenario, please answer the following:
a. If you decided to file a court case, what are two causes of action you might bring against Acme Incorporated? (2 pts)

b. Where would you bring your lawsuit, and why? (2 pts)

c. You prevailed in your lawsuit—good for you. However, Acme wants to appeal. based upon your answer to (b), what court would Acme appeal to? (1 pt)

d. Bob lives 2,000 miles away from you, and has no relationship to you or your property; in fact, he’s never been to your state. Nonetheless, he read a newspaper article about your travails, and is absolutely outraged that Acme would contaminate your groundwater. Give one basis upon which the Court could have dismissed the lawsuit had Bob brought it, instead of you. (1 pt)

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