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Source Constitutional Law Complete MBE Foundation 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 lacks standing because courts never treat environmental, aesthetic, or recreational harms as injuries in fact. The neighborhood association has standing because any citizen may sue to force a federal agency to follow federal law. The neighborhood association has standing because causation and redressability are presumed whenever a plaintiff seeks prospective relief. 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.

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