Bluebook format - located the resource, Business Law and Ethics

Assignment Help:

Explain how you located the resource that addresses the question and cite that resource in proper Bluebook format:

Spend & Save is claiming that our client lacks standing to seek an injunction under the ESA. First, we need to confirm that Pinewood Neighborhood Association is a "person" under the ESA.

I remember reading about a recent Maryland district court case that deals with standing for a nonprofit community organization in an ESA citizen-suit.I think the case has Animal Welfare Institute in the name. Please find that case.

1. The same Maryland case also addresses the standard of proof, i.e., the degree of certainty of "harm" required to prevail in a citizen-suit under the "take" provision (Section 9) of the ESA. What standard did the Maryland district courtadopt? Which 9th Circuit decision did it follow?

2. Is the Animal Welfare Institutecase still good law? How can you tell?

3. The Animal Welfare Institutecase concerned Indiana bats.In my initial research, I ran across a law review article that discusses the case. I believe the article has "bats" in the title. Find it.

4. Find the Oil Spilldecision (district court from the 5th Circuit) that cites the Animal Welfare Institute case. What werethe two reasons the court granted the defendants' motion to dismiss?

5. Spend & Save is also claiming that Pinewoods Neighborhood Association cannot demonstrate injury to its members caused by any harm that may befall the red-cockaded woodpecker. In Fox v. Palmas Del Mar Props., Inc., 620 F.Supp.2d 250 (D.P.R. 2009),the court found the desire to observe an animal species, even for purely esthetic purposes,sufficient for standing in a citizen suit under the Endangered Species Act (ESA).What isthe West Topic & Key Number assigned to that legal issue?

6. Using that West Topic & Key Number, search for more Endangered Species Act cases that address this legal issue. Find the Maine (1st Circuit) Animal Welfare Institute case.

7. Staying in Westlaw and usingthe case found in Question 1, find an A.L.R.that discusses thestandingrequired in citizen suits.


Related Discussions:- Bluebook format - located the resource

Statutory provisions, STATUTORY PROVISIONS: Article 4 of Table A permi...

STATUTORY PROVISIONS: Article 4 of Table A permits a company to vary the rights attached to any class of shares if the proposed variation is consented to in writing by the hol

Fundamentals of public health law, Fundamentals of Public Health Law T...

Fundamentals of Public Health Law The Honorable Art Vandelay has been a member of the U.S. Congress for 10 years, representing the 12th District in South Caledonia. Through hi

Consideration - element of contract, Consideration - Element of Contract ...

Consideration - Element of Contract Just to an agreement to constitute a contract the common law of the England then adopted in the US, requires such, must be supported with c

Sunbed act 2012, state the date on which the act came into force

state the date on which the act came into force

Registered companies, Registered Companies: A registered company is fo...

Registered Companies: A registered company is formed by registration under the Companies Act. It is this type of company that people usually have in mind when they talk of "a

Common law rule - meetings and resolutions, Common law rule - meetings and ...

Common law rule - meetings and resolutions: The common law rule applies irrespective of whether the failure to give notice of the meeting was deliberate or unintentional.  How

Differences between cheques and other bills of exchange, Differences Betwee...

Differences Between Cheques And Other Bills of Exchange However the following are some of such the differences between like cheques and such other bills of exchange: like;

Principles and presumptions of construction, Principles and Presumptions of...

Principles and Presumptions of Construction: However in the course of settling some of these disputes the courts in England have elaborated the rules that they will utilized i

Describe in detail about the term - policy makers, Describe in detail abou...

Describe in detail about the - policy makers Elections are used to choose the policy makers, it is not the only mechanism. Since the authority to make decisions may be vested i

Determine the implications of the legislature, Determine the implications o...

Determine the implications of the legislature Policy outcomes are the result of legislative bargaining. So policy becomes a compromise between the executive and the legislature

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd