To:  National Environmental Law Moot Court Teams
From:  Nicole Standish
Date: November 30, 1999

Here is an update to the questions that have been recently asked via voice mail. I apologize for sending this in the final days before the briefs are due. The board wishes every team memmber good luck with their brief and with law school finals. Please contact Arlene Mund, at 914-422-4292, the Moot Competition Administrator if there are any other questions. Also, check the Pace home page after December 10th for copies of team brief.

Q.Concerning the wording of the District Court opinion in FLT v. BV, should we assume that Buena Vista has conceded injury in fact?

A.See the recitation of the state of the pleadings in the district court's opinion.

Q.Does the state of New Union claim ownership of its surface waters either in its state constitution or in its statutory law.

A. Assume the state follows the common law of riparian rights.

Q.Is Lake Tokay large (or large in terms of fish population) or is it a minor lake?

A.Lake Tokay has a surface area of four square miles.

Q.Is it acceptable for research to focus primarily, or wholly, on case law?

A.We provide no guidance on your research.

Q. Concerning the wording of the fifty question for the brief, and leaving aside the collateral estoppel and res judicata aspects, does this question ask whether RCRA 7002(b) in and of itself precludes appellants from proceeding because of the state court decision in Bluepeace?

A. It does seem to.

Q. We are hoping you would be able to verify whether 42 USC 6972(b) was the correct statute for the preclusion question (#5) in the problem.

A. Yes.

Q. In issue I, should 6972(a)(2)(B) read (a)(1)(B)?

A. Yes.

Q. Is the clean Air Act relevant to the first issue?

A. That's for you to determine.

Q. Does issue 5 ask whether the Bluepeace decision erects a bar to this litigation under 6972(b)?

A. It appears to.

Q. Should the citation to Greenpeace v. Waste Technologies refer to the 8th Circuit rather than the 6th Circuit?

A. No. But it's 9 F. 3d rather than 3 F. 3d.

Q. Does use of an attorney's trial brief in another case, a public document, in preparing oral arguments violate Rule 4A?

A. No.

Q. Can the team assume that FLT served a copy of its complaint to the Attorney Gerneral pursuant to 40 USC 6972(b)(2)(F)?

A. That's not an issue on appeal.

Q. Can the team assume that BV has no RCRA permit?

A. Yes.

Q. Can you provide certification as to exactly how far BV's power plants are from the state of New Union?

A. No.

Q. Is BV supposed to file one brief as appellant and another as appellee, or is it supposed to file a combined brief?

A. BV is appellant/appellee. Such parties would normally file one brief, addressing all of their issues.

Q.Is there a date on the district court opinion or a docket number on the appellate opinion?

A. No.

Q. Shoud the citation in line 7, paragraph 1 on pa 3 or the record read 42 U.S.C. 6972 rather than 40 USC 6972?

A. Yes.

Q.Should the citation in line 19, paragraph 2 on page 7 read CAA 112(n)(1)(C) instead of 112 (n)(2)?

A.Yes.

Q. Should we discuss injury in fact in our bried?

A. We give no advice on what to discuss in your brief.

Q. How should we handle cases in which appeals are lodged, argued, or decided after the problem was distributed?

A. The law stands as it was when the problem was distributed.

Q. What type size, style and margins do we use?

A. See Rule IVBI.

Please address questions about the National Environmental Law Moot 
Court Competition to Competition Coordinator.

Phone: (914) 422-4413

Last updated February 10, 2003 

Home | Contact Us | Directions | Site Map | Pace University About Pace Law School | Prospective Students | Alumni | Faculty   Legal Resources/Centers | Current Students | Library | News & Events