The Legal Validity Of The Federal Government

901 WordsFeb 9, 20164 Pages
Betty Blackacre is in contract with Donald Developer to sell a tract of land to him for the development of an industrial park. Several distinct issues have arisen concerning an EPA regulation, the Virginia fee structure for waste facilities, and the jurisdiction of the suit brought in NY by Donald Developer. We turn to question the legal validity of the EPA order, the constitutionality of the waste disposal fee structure under the commerce clause, and the grounds for which Betty’s motion to dismiss the case for lack of jurisdiction stand. Betty does not believe that the federal government should be able to tell her what she can and cannot do with her property. Since the property has been identified as a major migratory route for at least one endangered bird species, the EPA has the authority to regulate the use of her land under the Endangered Species Act (ESA). Under the order, if Donald were to use the land as intended, it would significantly alter the property and the surrounding area. Such alteration of the property can be defined under section 10 of the ESA, where “taking also includes significant habitat modification or degradation that actually kills or injures an endangered species by impairing its breeding, feeding or ability to find shelter” (Yarrow, 2009). The EPA has long overstepped its grounds, so much that there is not much hope for reversal. Additionally, for Betty Blackacre, there are certain provisions in the ESA that state that there need be no
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