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How do they meet the basic standing requirements

    Assignment Instructions

    Assignment ID: FG133233245

    Case: The Delaware River is a major river running through five U.S. states-New York, New Jersey, Pennsylvania, Maryland and Delaware. Starting in New York State’s Catskill Mountains, the river flows 419 miles into Delaware Bay where its waters enter the Atlantic Ocean near Cape May in New Jersey and Cape Henlopen in Delaware.

    The Clean River Enjoyment Workforce (“CREW”) is an organization headquartered in New York, with members in the five states through which the River runs. Its members (1) advocate for policies designed to maintain the beauty of the River and to prevent its pollution; (2) engage in clean-up activities; and (3) fish, swim, canoe, and generally recreate along and in the River. Ruth Ann Roberts lives in FrenchtownNJ and is a member of CREW. Her family has owned and operated Roberts River Adventures for 50 years, a company that runs activities such as tubing trips, fishing trips and riverside parties, along the River. Matt Denn is the Lieutenant Governor of Delaware and has deep concerns about the River’s vitality.

    The U.S. Army Corps of Engineers plans to build a dam along the River, in New Jersey. The Corps believes the dam will ultimately help harness the power of the water and turn it into electricity. The dam is also designed to allow for a greater ability to prevent and clean pollutants. The Environmental Policy Act requires Environmental Impact Statements (“EIS”) to be filed before building such projects. No EIS has yet been filed.

    Construction on the dam would begin in one month, and it would take an estimated five years to complete. The members of CREW believe that the dam will drastically change the River’s aesthetics as well as its suitability for recreational activities. They do not believe that the EIS would provide a basis to stop the project from going forward, but they think it is essential to learn more. While understanding that some environmental benefits are possible from the dam, they contend that burdens are far worse than the benefits.

    ASSIGNMENT: You have been contacted by a friend who knows all the above-mentioned individuals and groups. Help show how to make a legal memo to advise on a legal strategy to challenge, in court, the Corps’ failure to file an EIS. Who would be best positioned to bring such a challenge in court, and how do they meet the basic standing requirements? Compare the relative advantages and disadvantages of these interested individuals.

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