Standing, ripeness and mootness — MCQs

Congress enacted a statute regulating the commercial transportation of hazardous waste. The statute establishes federal packaging and recordkeeping requirements for carriers operating in interstate commerce. It also directs each state's environmental agency to inspect carriers, issue federal compliance certificates, and submit enforcement reports to a federal department. A state environmental agency agrees that the federal packaging rules validly regulate interstate commerce but objects to using state employees and funds to administer the federal certification program. The United States seeks an injunction requiring the agency director, in her official capacity, to comply with the directive. Which of the following is the state agency's strongest constitutional argument?

A neighborhood association sued a city in federal court after the city denied the association a permit to hold a rally in a municipal park. The complaint sought only prospective declaratory and injunctive relief, alleging that the permit ordinance gave officials unbridled discretion over speech. Two weeks after suit was filed, the city council repealed the ordinance and replaced it with objective permit criteria. The city has issued the association a permit under the new ordinance, and the association concedes that the replacement ordinance is constitutional. The city attorney states that the former ordinance will not be reenacted, and nothing in the record suggests otherwise. The city moves to dismiss the action. Is the court likely to grant the motion?

Congress created a federal highway-safety program under which states receive annual construction grants. The statute directs the Secretary of Transportation to withhold 5% of a state's grant if the state permits people under age 21 to purchase alcohol. The statute states the condition clearly, and states remain free to decline the grant. A state that permits alcohol purchases at age 19 challenges the condition before any funds are withheld. The federal government presents evidence that younger drivers frequently travel across state lines and that the condition is intended to reduce alcohol-related highway accidents. Which of the following best states the constitutional rule governing the state's challenge?

A city enacted an ordinance requiring a permit before anyone may distribute more than 500 leaflets in a city park during a single day. A neighborhood association opposes the ordinance but has not distributed leaflets in the park for three years. Its director states that the association might organize a leafleting event someday, although it has no proposed date, message, budget, or volunteers. The city has never investigated the association or threatened it with enforcement. The association nevertheless filed suit in federal court, seeking an injunction against enforcement of the ordinance. The city moved to dismiss, arguing that the association had not established an injury in fact. Is the court likely to grant the motion?

A state court convicted a business owner of violating a state environmental statute and imposed a prison sentence and fine. After unsuccessfully completing the state appellate process, the owner petitioned the President for a pardon. The President issued a document stating that the owner was fully pardoned for the conviction and directing state officials to release the owner and refund the fine. The governor declined to comply, asserting that the President lacked authority over the conviction. The owner then filed an action in federal court seeking enforcement of the pardon. Which of the following best states the applicable constitutional rule?

A federal statute requires manufacturers to disclose specified safety information on consumer-product labels. A manufacturer filed suit against the responsible federal agency before the agency had investigated the manufacturer, issued an enforcement notice, or threatened a penalty. The manufacturer alleges that redesigning its labels now will cost $120,000, but the agency has formally stated that the disclosure requirement will not take effect for 18 months and that it will conduct another rulemaking before then to determine whether existing labels will be exempt. The manufacturer seeks a declaration that the statute exceeds Congress's constitutional authority. The agency moves to dismiss on justiciability grounds. Is the court likely to grant the motion?

A federal agency adopted a rule requiring commercial wilderness guides to pay an annual licensing fee. A guide paid the fee for three years but then closed her guiding business, accepted permanent full-time employment in another industry, and allowed her license to expire. She later sued the agency in federal court, seeking only a declaration that the fee is unconstitutional and an injunction prohibiting its future collection. At her deposition, the guide testified that she misses guiding but has no present plans to reopen the business or renew her license. The agency moves to dismiss for lack of standing. Is the court likely to grant the motion?