The legal concept that means you just can't stroll into court and say "I want to sue" you must have a "standing" to sue Means you have to have some personal connection to what you're suing about
What are some examples of having standing?
Resident to community in which they're building a power plant. Don't have standing just because you don't want a power plant built in Connecticut
How does a membership group/agency have standing?
Brings the lawsuit on behalf of their members who live in the resident, are near lakes, ect. Sue in the name of the members of name of agency
What happens if you don't have standing?
you get thrown out
What is the CFE?
law firm for environmental issues
What is jurisdiction?
Authority/power of a particular court to hear a particular kind of case Must have jurisdiction over the defendant Done so by serving legal complaint
How is jurisdiction spelled out?
Some spelled out by the law
Probate Court-deal with wills
Some spelled out by dollar amount
Small Claims Court
Some spelled out by criminal vs. civil
What is the lowest level of jurisdiction?
Superior court: court of general jurisdicition (no dollar amount)
Who is Rich Miller?
Director of Environmental Policy
List characteristics of the Environmental Policy Advisory Council (EPAC)
25-30 members Advisory to President and Provost Recommends policies and sustainability options
How many principals are in the Environmental Policy Statement?
List stragies of the CAP Energy Action Items.
Retro-commissioning for 34 "energy hog" buildings
Lighting audits and retrofits
Moderated temperature set points
Fume hood outreach
Steam (heat) distribution system repairs
What are the environmental benefits of composting?
Waste reduction Greenhouse gas reduction Protects water quality from runoff Educational and research tool for the University
What is a Cause of Action?
Complaint/what you're sueing about Something in which there is a dispute that the court has the decision to make about
What is the CEPA?
Connecticut Environmental Protection Act
What is the case of action for the CEPA?
Has the defendant done something that is unreasonably pollutiong Evidence must show that the resonable likelihood that this conduct is doing something or will do something and the bad stuff has to be something that will unreasonably effect the environment
What is prima fecie?
have to be able to show facts (evidence hast to be at factual level)
What three elements must you have to take action in court? What is the additional element?
Standing, jurisidiction, and case of action; either you have them or you don't, you cannot create them Venue
What is a venue? Why is it different from the other elements?
Location of what court to go to It can be cured. Isn't a case breaker. For examples, if you filed lawsuit under the wrong court or district, you can correct this defect
What is a possible venues for a court case? How is it set?
District where the defendant resides (geographic location) Set by statue for states usually divided by county, or sometimes spelled out by constitution at federal level
What is the adversary system?
system characterized by opposing parties (plantiff and defendant) who contend against each other for a result favorable to themselves Both civil (private rights involved) and criminal (conduct effects the public)
What does the adversary system involve?
Judge Jury Plantiff Defendant
When you win a case, what can the court grant you?
Monetary relief and equitable relief
What is equitable relief?
Court grants an injuction No monetary relief because it won't stop the problem
What is an injunction?
order from the court to stop doing something and to "cut it out" or to do something Gives order to do, or not to do
How is a judge selected? What is the purpose of the judge?
Appointed or Election to weigh the facts
When is a judge appointed?
Federal Level - appointed by president State Level - some governor appointed
When is a judge elected?
State level - probate courts elected by town
What is the purpose of the jury?
to weigh and evaluate the facts
Are most environmental cases civil or criminal?
What is the inquisitor system?
Judge acts as prosecutor
After you have three requirements, what do you do?
Hire a lawyer that specializes in environmental law Then submit a complaint
What does the complaint say?
Who you are, where you're from, what you're complaining about Lists different causes of action Ends with demand for relief (what you want from the defendant)
What comes after the complaint?
Defendant comes back with an answer to the complaint Either can deny or agree with complaint/complaints (do not need a reason)
When can the trial begin?
After complaint and response to complain have been filed.
What is irreparable harm?
Harm that money damages can't fix
What is the witnesses role?
Primary purpose is to talk about facts, not allowed to give opinions
What is an expert witness? What do you need for bringing in an expert witness?
People who have special expertise, allowed to give opinions A reason (give degree, specialty, experience, etc.)
What is the Appeal Process at the state level?
(1) Start at superior court where most environmental cases begin and every county has one (2) First level of appeal, Appellate court (3) Final stop of appeal, Supreme court
Why shouldn't someone appeal to the supreme court?
Risky. Doesn't have to accept every case
What is the Appeal Proccess at the federal level?
(1) District; Connecticut only have one, some states have more (2) Court of Appeals, arranged by circuits next step of appeal (3) Supreme court, also risky at federal lebel
There are two alternatives to going to court know as known as Alternative Dispute Resolutions. What are they?
Arbitration - like the court, there will be a decision. Contractually created. Mediation - bring in neutral mediator, doesn't decide, to see if they can get both sides to agree on something
List the characteristics of arbitration.
Provides a way for parties that have a dispute to get it decided Defendant and Plaintiff each pic an arbitrator, then both arbitrators agree on one neutral arbitrator (Really pitch your case to the neutral because you known your arbitrator is on your side)
What are the pros and cons of arbitration?
Pros: faster, less expensive, more formal and less procedural than judicial system Cons: decision is final, bound by the decision of the arbitrator and no right to appeal
List characteristics of mediation.
Both sides agree on a mediator Not bound by Positive alternative to judicial process or arbitrary alternative
What is the mediator's role?
Bring disputing parties together Must have discretion in ability to not say what both sides say they want to the other side Explore possibilities
What can many court cases establish?
Can court just change their decision?
Yes, generally not though
What is stare decisis?
once a court, rules on something that decision is supposed to stand and not supposed to be changed for the most court, courts follow this
What are they key terms in a witness's testimony?
Relevant and Material
What is the term relevant?
must have SOME connection to the issue at hand (or what you're suing about)
What is the term material?
evidence or testimony that is necessary to determine the issue; central to determining the outcome of the case Directly has a bearing on guilty or innocent
What does SCAQMD stand for?
South Coast Air Quality Management District
What is a strict constructionist judge?
Judge who doesn't try to impose his/her own opinions on a case Judge should interpret the law, not write the law
What is an activist judge?
The opposite of a strict constructionist judge. "I don't ike the law, so I'm going to do something to change it"
Our courts are courts of ___________ not ____________
What is administrative proceedings?
not an alternative, sort of court like, but serve the same function
What is administrative law?
body of law created by administrative agencies (not congress) in the form of rules, regulations, orders, decision, guidelines play a major role in environmental field
What is the Administrative Procedure Act?
tell agencies what they have to do to go through as they develop administrative law at the federal level
What is the state level form of the Administrative Procedure Act?
Connecticut: Uniform Administrative Procedure Act which tells Connecticut agencies what they have to do to go through as they develop administrative law
What happens when someone hasn't complied with regulations set by agencies?
Agencies don't want to go to court, so take them to administrative proceedings
What is agency discretion?
involves making decisions on things you can't point to clearly in other words, you can't look to the law to find what the agency has to do, the agency makes the decision and you must trust their decision
What are the rules court apply to decide if the agency is using discretion correctly? (Is what an agency inforcing ____ or _____?)
Resonable basis Arbitrary and capricious
What is resonable basis?
Fit, apprprotiate, suitable under circumstances, rational
What is arbitrary and capricious?
willful, out of the blue, no connection with what they're regulating, unreasonable, without basis
How do agencies apply and enforce arbirary law?
Administrative Procedure Act - allows agencies to hire people to be judges
At the federal level, who does agencies hire for administrative proceedings?
ALJ (Administrative Law Judge) hired by the EPA
At the state level, who does agencies hire for administrative proceedings?
Hearing officer hired by the DEP
What are Administrative Hearings?
Licensing cases/Permit Cases much like trials Commissioner has authority to reject or accept hearing officer's decision Works the same way at the federal level
What does the written decision include in administrative hearings?
Finding and Fact - this person did or did not meet standards, etc. Conclusion of law - based on these facts, applicant has not met the qualifications to get permit
Who is Bill Voelker?
Town planner for Chesire Involved in demographics, availability of public utilities, open space inventory, parks and recreation, and land use inventory
What is the concept of home rule?
towns think they can do what they want. Either enabled or require, state controls what they can or are allowed to do
What does Top Down mean?
State is about municipalities
What is the conservation commission?
Make recommendations on preservation of open space aquifer protection
How can citizen have a way to be a part of Conservation Commitee?
Through municipalities meaning public hearings and consider legislative body
What is Capital Improvement and what does it involve
Roadways, sewage, civil improvements Includes acquisition of open space (space used for active or passive recreation and protection of agricultural areas)
How do municipalities obtain open space?
Granted or given also receive open space through subdivision regulations
What are Zoning regulations?
Permit various land uses Includes zoning map Has to be a public hearing anytime zoning regulations plan to change
What are subdivision regulation?
When you create three lots on a piece of land, it is now considered a subdivision
What is the Simsbury subdivision regulation?
Give 20% of open space to municipalities when you subdivide
What is an alternative to municipalities just taking open space?
Conservation easement with public access (respects both parties)
Why would someone prefer an agricultural piece of land over residential?
Agricultural land give people a break on taxes
What is the statute of the Environmental Protection Act involved in subdivsions?
22 A-19 which allows any person to fight/intervene the Subdivision Act if the conduct has impact on unreasonably polluting
What is zoning variance?
authorization given to allow an exception to certain development standards prescribed in the Zoning Code
True or False. There is no simple solution or clear cut answer to a lot of question. Never black and white. Zoning board commitee faces many challenges.
Want to see the other 86 Flashcards in Exam 2?JOIN TODAY FOR FREE!