Q. Consider how the standing rule proposed by Douglas would work in the suit brought by...
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Q. Consider how the standing rule proposed by Douglas would work in the suit brought by TWCN against the city of Chattanooga (described above). What arguments could be made on behalf of the city? Under normal conditions, CSS transports all of the wastewater it collects to a sewage treatment plant for treatment, then discharges to a water body. What responsibility does the city have for ensuring that sanitary sewer systems are in compliance with water quality standards? Is it even achievable considering the cost associated with such upgrades? Does TWCN, as a party, be able to meet the three requirements of standing outlined in Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992): 1. The plaintiff must show an "injury-in-fact that is "concrete and particularized" and "actual or imminent," not conjectural or hypothetical. 2. The plaintiff must demonstrate a "causal connection between the injury and the conduct complained of" (e., the injury must be "fairly traceable to the defendant's chal-lenged actions). 3. The plaintiff's injury must be one that is likely to be redressed by a favorable decision in the case. **Note: "injury-in-fact" suffered by the plaintiff does not have to be an economic injury, Injuries to a recreational or aesthetic interest, for example, can also satisfy the "injury-in-fact requirement. RESPONSE GUIDELINES: 1. Each individual response to one or more of the prompts above must be a minimum of 4 sentences long. 2. Each student must then choose 2 peer comments to engage in for full credit. These responses must use appropriate language to express one's individual view in support for or against the stateme tement. Be kind, be positive, do not offend. There is no right or wrong answer here...just a discussion. Article #1: Combined Sewer Systems: Down. Dirty, and Out of Datee by John Tibbetts Article #2: Sierra Club vs Morton, 405 U.S. 727 (1972) Assignment: 1. Read both articles provided above. 3. Provided an informed response to the guided questions below and engage with 2 peer comments for full credit (see guidelines below) Background Material: Back in 2010, a Knoxville based environmental group issued a notice of intent to sue the city of Chattanooga for spilling raw sewage into local water ways. According to the Tennessee Clean Water Network (TWCN), the notice cites: • 32 discharges totaling 319,000,000 gallons of raw sewage to the Tennessee River from the West and East Bank Combined Sewer System outfalls • 489 sewer overflows totaling 35,000,000 gallons of raw sewage to streams, streets and private property in Chattanooga • 36 discharges totaling 156,000,000 gallons of raw sewage to Chattanooga Creek. • Do which of these are likely to be the most effective and why? • How much water did you used compared to the national average (see image below for comparison)? Were your results consistent with average high use practices (toilet use)? TWCN has used similar tactics against the Knoxville Utilities Board to improve wastewater treatment and decrease sewage overflows. According the organization, their 2004 suit against KUB was settled after the Environmental Protection Agency intervened, resulting in a consent order. KUB has since worked to comply with the order and has reduced sewer overflows considerably. Q. Consider how the standing rule proposed by Douglas would work in the suit brought by TWCN against the city of Chattanooga (described above). What arguments could be made on behalf of the city? Under normal conditions, CSS transports all of the wastewater it collects to a sewage treatment plant for treatment, then discharges to a water body. What responsibility does the city have for ensuring that sanitary sewer systems are in compliance with water quality standards? Is it even achievable considering the cost associated with such upgrades? Does TWCN, as a party, be able to meet the three requirements of standing outlined in Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992): 1. The plaintiff must show an "injury-in-fact that is "concrete and particularized" and "actual or imminent," not conjectural or hypothetical. 2. The plaintiff must demonstrate a "causal connection between the injury and the conduct complained of" (e., the injury must be "fairly traceable to the defendant's chal-lenged actions). 3. The plaintiff's injury must be one that is likely to be redressed by a favorable decision in the case. **Note: "injury-in-fact" suffered by the plaintiff does not have to be an economic injury, Injuries to a recreational or aesthetic interest, for example, can also satisfy the "injury-in-fact requirement. RESPONSE GUIDELINES: 1. Each individual response to one or more of the prompts above must be a minimum of 4 sentences long. 2. Each student must then choose 2 peer comments to engage in for full credit. These responses must use appropriate language to express one's individual view in support for or against the stateme tement. Be kind, be positive, do not offend. There is no right or wrong answer here...just a discussion. Article #1: Combined Sewer Systems: Down. Dirty, and Out of Datee by John Tibbetts Article #2: Sierra Club vs Morton, 405 U.S. 727 (1972) Assignment: 1. Read both articles provided above. 3. Provided an informed response to the guided questions below and engage with 2 peer comments for full credit (see guidelines below) Background Material: Back in 2010, a Knoxville based environmental group issued a notice of intent to sue the city of Chattanooga for spilling raw sewage into local water ways. According to the Tennessee Clean Water Network (TWCN), the notice cites: • 32 discharges totaling 319,000,000 gallons of raw sewage to the Tennessee River from the West and East Bank Combined Sewer System outfalls • 489 sewer overflows totaling 35,000,000 gallons of raw sewage to streams, streets and private property in Chattanooga • 36 discharges totaling 156,000,000 gallons of raw sewage to Chattanooga Creek. • Do which of these are likely to be the most effective and why? • How much water did you used compared to the national average (see image below for comparison)? Were your results consistent with average high use practices (toilet use)? TWCN has used similar tactics against the Knoxville Utilities Board to improve wastewater treatment and decrease sewage overflows. According the organization, their 2004 suit against KUB was settled after the Environmental Protection Agency intervened, resulting in a consent order. KUB has since worked to comply with the order and has reduced sewer overflows considerably.
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