Clark is outraged when the EPA promulgates a rule stating that lakefront buildings must be set back at least 30 feet from the water. He believes the EPA has exceeded its authority. Clark does not own lake-front property, but some of his best friends do, and he is gravely concerned about this encroachment on their individual property rights. Will Clark be able to bring an action to federal court?

Question

Social Studies

Damion French

5 September, 10:08

Clark is outraged when the EPA promulgates a rule stating that lakefront buildings must be set back at least 30 feet from the water. He believes the EPA has exceeded its authority. Clark does not own lake-front property, but some of his best friends do, and he is gravely concerned about this encroachment on their individual property rights. Will Clark be able to bring an action to federal court?

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Answers (2)

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Larissa · Answer 1

- Clark shall not be able to bring an action to the federal court.

Explanation:

For someone to bring an action to the federal court, then they have to meet the following criteria. One must have a standing, for them to bring an action in the federal court. A standing means that the individual is directly involved in the action they need to be brought in front of the court. A standing consists of three key components which are: Injury component The causation component Redressability component. Our case above involves Clark, who is only interested but not directly involved in the court thereby not meeting the requirements for a standing, this consequently denies him the chance to bring an action to the federal court.

Alvin · Answer 2

No. Clark will not be able to have the administrative rule reviewed in federal court because he has not suffered direct harm