CASE PROBLEM WITH SAMPLE ANSWER Michael and Karla Covington live in Jefferson County,Idaho.When they bought their home,a
Question:
CASE PROBLEM WITH SAMPLE ANSWER Michael and Karla Covington live in Jefferson County,Idaho.When they bought their home,a gravel pit was across the street. In 1995, the county con verted the pit to a landfill.Under the county’s operation, the landfill accepted major appliances, household garbage, spilled grain, grass clippings, straw, manure, ani mal carcasses,containers with hazardous content warn ings, leaking car batteries, and waste oil, among other things.The deposits were often left uncovered,attracting insects and other scavengers and contaminating the groundwater. Fires broke out, including at least one started by an intruder who entered the property through an unlocked gate. The Covingtons complained to the state, which inspected the landfill, but no changes were made to address their concerns. Finally, the Covingtons filed a suit in a federal district court against the county and the state,charging violations of federal environmen tal laws.Those laws were designed to minimize the risks of injuries from fires, scavengers, groundwater contami nation, and other pollution dangers. Did the Covingtons have standing to sue? What principles apply? Explain.
[Covington v. Jefferson County, 358 F.3d 626 (9th Cir.
2004)]
• To view a sample answer for Problem 2–8, go to this book’s Web site at www.cengage.
com/blaw/jentz, select “Chapter 2,” and click on “Case Problem with Sample Answer.”
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