Question
Case Information: Miguel and Cinthia Leatch live in Covington, Tennessee in a house they have owned since 2002. At the time they bought the house,
Case Information:
Miguel and Cinthia Leatch live in Covington, Tennessee in a house they have owned since 2002. At the time they bought the house, there was a gravel pit across the street. In 2005, the state converted the gravel pit to a landfill. Under the state's operation, the landfill accepted household garbage, grass clippings, manure, animal carcasses, containers with hazardous content warnings, leaking car batteries, waste oil, among other things. Despite federal environmental laws requiring landfill deposits to be covered within twenty-four hours of being dumped, the landfill deposits were often left uncovered for weeks at a time, attracting insects, rats, and other scavengers. Fires broke out, including at least one that was started by an intruder who had entered the landfill property through an unlocked gate.
The Leatch's complained to the state, alleging that the landfill was being operated in violation of federal laws that are designed to minimize the risks of injuries from fires, scavengers, groundwater contamination, and other pollution dangers. The state inspected the landfill, but no operational changes were made. The Leatch's filed a lawsuit against the state over the operation of the landfill.
Question : Do the Leatch's have standing to sue in these circumstances? Why or why not? Fully explain your analysis.
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