Mildred and Richard Loving purchased a home in Inkster. At the time, there was a gravel pit across the street. Five years later, Wayne County converted the pit to a landfill. Under the county’s operation, the landfill accepted major appliances, household garbage, spilled grain, grass clippings, straw, manure, animal carcasses, containers with hazardous content warnings, leaking car batteries, and waste oil, among other things. The deposits were often left uncovered, attracting insects and other scavengers and contaminating the groundwater. Fires broke out, including at least one started by an intruder who entered the property through an unlocked gate. The Lovings complained but no changes were made. They then sued Wayne County and the State of Michigan, alleging violations of federal environmental laws. Those laws were designed to minimize the risks of injuries from fires, scavengers, groundwater contamination, and other pollution dangers. Did the Lovings have standing to sue? a. Yes, because the Lovings were experiencing specific types of harms that were listed in the federal environmental laws. (fires, scavenger problems, groundwater contamination) and thus had a legal injury. b. No because the Lovings failed to show that the items in the landfill were actually causing them personal injury. They did not allege that they were ill. c. No because the Lovings failed to show that they had a ‘stake in the outcome,’ in that they failed to allege that the presence of the landfill caused them a legal injury – unattractive views are not a legally recognized entitlement. d. Yes, because the Lovings were citizens of the county and paid taxes to the state that were directed to the county.
Mildred and Richard Loving purchased a home in Inkster. At the time, there was a gravel pit across the street. Five years later, Wayne County converted the pit to a landfill. Under the county’s operation, the landfill accepted major appliances, household garbage, spilled grain, grass clippings, straw, manure, animal carcasses, containers with hazardous content warnings, leaking car batteries, and waste oil, among other things. The deposits were often left uncovered, attracting insects and other scavengers and contaminating the groundwater. Fires broke out, including at least one started by an intruder who entered the property through an unlocked gate. The Lovings complained but no changes were made. They then sued Wayne County and the State of Michigan, alleging violations of federal environmental laws. Those laws were designed to minimize the risks of injuries from fires, scavengers, groundwater contamination, and other pollution dangers. Did the Lovings have standing to sue?
Yes, because the Lovings were experiencing specific types of harms that were listed in the federal environmental laws. (fires, scavenger problems, groundwater contamination) and thus had a legal injury.
No because the Lovings failed to show that the items in the landfill were actually causing them personal injury. They did not allege that they were ill.
No because the Lovings failed to show that they had a ‘stake in the outcome,’ in that they failed to allege that the presence of the landfill caused them a legal injury – unattractive views are not a legally recognized entitlement.
Yes, because the Lovings were citizens of the county and paid taxes to the state that were directed to the county.
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