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Source Adverse Possession Complete Real Property List Showing the closest available flashcard practice.

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0 tracked cards Constitutional Law

A federal agency issued a permit allowing a private company to drain wetlands next to a city park. A neighborhood association sued in federal court, alleging that the agency misread the governing statute. The complaint alleges that several members walk through the park every week and will stop using a boardwalk if the wetlands are drained. The complaint also alleges that all citizens have an interest in lawful federal administration. The association seeks an injunction vacating the permit and requiring the agency to reconsider it.
Which statement best describes the Article III standing issue?

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The neighborhood association has standing because Article III is satisfied whenever a plaintiff sincerely disagrees with the legality of federal agency action. The neighborhood association lacks standing unless it can show a concrete and particularized injury that is actual or imminent, fairly traceable to the permit, and likely to be redressed by the requested injunction. The neighborhood association has standing only if it proves on the merits that the agency violated the statute. The neighborhood association lacks standing because an injunction requiring a new agency process can never satisfy redressability.

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