Full access allows:
- Solve all tests online without limits;
- Remove all advertisements on website;
- Adding questions to favorite list;
- Save learning progress;
- Save results of practice exams;
- Watching all wrong answered questions.
14. Which of the following is the most appropriate basis for the court to dismiss this suit?
A community in the state was scheduled for inspection by the agency as a potential toxic waste landfill site. Because the community's residents obtained most of their drinking water from an aquifer that ran under the entire community, a citizens' group, made up of residents of that community, sued the appropriate officials of the agency in federal court. The group sought a declaratory judgment that selecting their community as the site of a toxic waste landfill would be unconstitutional and an injunction preventing the agency from doing so. The agency officials moved to dismiss.
In response to the need for additional toxic waste landfills in a state, the state's legislature enacted a law authorizing a state agency to establish five new state-owned and state-operated toxic waste landfills. The law provided that the agency would decide the locations and sizes of the landfills after an investigation of all potential sites and a determination that the particular sites chosen would not endanger public health and would be consistent with the public welfare.
Comments (0)
There are no comments at the moment. If you found an error or think question is incorrect, tell everyone about it
Only signed in users can write comments
Signin
A is incorrect. The political question doctrine insulates from judicial review certain constitutional questions that the Constitution has committed either to the legislative branch or to the executive branch of the federal government. No such question is presented on these facts, which concern actions by a state government.
B is incorrect. There are no facts to suggest that strict judicial scrutiny of the state's site-selection decision is warranted. Therefore, the state need not show that the selection of the community is necessary to serve a compelling interest. A more appropriate basis for a court dismissing the suit would be that the case is not ripe for adjudication.
C is incorrect. The Eleventh Amendment does not bar the suit because it was brought against state officers, not the state itself, and because it seeks only prospective declaratory and injunctive relief, not compensatory monetary relief.