Reference no: EM13859210

For this Assignment, assume you are an Associate for the Environmental Defense Fund and Economic Development Group, a legal association designed to represent environmental groups and individuals who have environmental claims against businesses and government agencies with regulatory authority.

You have just met with a number of officers from the national environmental group Citizens for a Clean Future. The group is based out of state and has no local members, but they are very concerned about the development of smelters in the state as these plants use prodigious amounts of electricity and are typically located near power plants. One proposed smelter in the City of Norwood has no power plants, and the group is concerned that the Company, Xmax Incorporated, may build a coal-fired power plant to fuel the smelting process or dam a portion of the local river for hydro-electric power. Either option could have strong environmental impacts on the city's air, water, and aquatic life.

In addition to the energy concern, Citizens for a Clean Future are also concerned about air emissions, which come from a number of sources in the smelting process. The process produces air toxics in the form of gases and particles. This process could have a negative impact on the public's health.

The group asks you if there is any way they can challenge the site of this smelter and request your assistance. You tell them that you will need to review the law as it relates to "standing," and if there are any other possible environmental issues, that they may have legal recourse, and that you will need to get back to them in 1 week.

You will prepare a 5-7 page report on whether Citizens for a Clean Future have legal standing and any other cause of action to challenge this site of the proposed smelter in the City of Norwood.

Consider the issue of standing and whether a member of the group or the group itself has what is known as standing to challenge the development of the smelter. Also, consider other possible alternatives such as making comments before the governing administrative agency in the permit process as a means of challenging the plant development. In addition, discuss any other means of challenging the plant, whether through civil litigation or the administrative process before the governing agency. Your paper should utilize three outside sources other than the textbook to support your positions.