Uploaded on Jul 4, 2020
Norvergence Judgment on various Environmental Cases
Norvergence Judgment on various Environmental Cases
Norvergence
Judgment
Case 1: Massachusetts v.
Environmental Protection
Agency
Hit by the ever-increasing issue of global warming, the
Coast of Massachusetts has been given a red-signal
and declared in-danger. In an attempt to safeguard and
protect the land on the coast, the state of
Massachusetts has filed a petition with the
Environment Protection Agency. The agenda of the
petition is to regulate vehicular gas emissions and
protect the environment.
There are a lot of pieces of evidence and examples
that tell about the existence of greenhouse gases that
result in the escalation of global warming. This has
degraded the quality of water on the coast of
Massachusetts.
The request was denied by the EPA which has led the
State of Massachusetts to sue the agency for not
initiating the Clean AirAct.
Case 2: Sierra Club v.
Morton
In the 1920s, The Mineral King Valley, an
underdeveloped location in the Sequoia
National Forest, started to get multiple bids on
the land as it was purely used for mining
purposes.
The bids were being placed as an attempt to
convert the land and use it for recreational
development.
The renowned Walt Disney Enterprises also
placed
a bid, ultimately winning it.
The purpose was to create a massive ski resort
spread over a sprawling 80 acres of land.
Keeping a track of every minute activity, the
Sierra Club filed a petition to stop the
exploitation of the underdeveloped land.
Case 3: Tennessee Valley
Authority v.
Hill
The Tennessee Valley Authority v. Hill case took
place in the year 1978. The case was the first
interpretation of the Endangered Species Act
(1973) held by the United States Supreme
Court. The basis of the case was to protect
endangered species.
After the snail darter fish was discovered in the
Little Tennessee River, a case was filed against
the Tellico Dam construction violating ESA.
The main argument here was that the
construction of
the dam would take a toll on the natural habitat
of the region. Since the approval for construction
was already granted, approximately 78 million
dollars worth of investment was already
received.
Also, being the critical habitat of the snail darter
fish, the plaintiff argued and filed a suit for the
enforcement of the ESA.
Case 4: Juliana v. the United
States
Juliana v. the United States was a lawsuit filed
by
the youth asserting that the government’s
affirmative actions have led to drastic
environmental changes.
Because of this, the constitutional rights of the
youngster’s have suffered.
The constitutional rights included the right to
freedom, life, liberty, property, etc.
It argued that the country has failed to
conserve and protect natural resources.
Youngsters and the plaintiff filed for a claim
against the federal government stating that
the fifth amendment was infringed.
Tracking the most recent developments, the
council that administers the youth plaintiff will
now take further steps and will request that
the ninth circuit to review this decision again.
Case 5: Lujan v. Defenders of
Wildlife
The case took place in the year 1992 and
questioned the challenges and issues raised by
a group of the American Wildlife Conservation
and many other organizations that work in
support of environmental protection.
The group challenged the regulations issued
with respect to the U.S. secretaries pertaining
to interiors and commerce.
The foundation of the case was the excessive
U.S.
funding for numerous development projects in
locations such as Mahaweli, Egypt, Sri Lanka,
and Aswan.
The government claims that the act was only
applicable to projects within the geographical
bounds of the country, not outside.
Norvergence Judgment: Under Article III of the
constitution, it was found that the respondents lacked
potential to argue.
There was no critical evidence to support the facts and
the issues that were raised. Since there was not enough
evidence to state the redressability and causation of
respondents’ suffering, the petitioner’s activity for
judgment should have been approved.
Norvergen
ce
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