I need a case brief of the attached file.Its a fake case but i must use real laws. For this brief I must act as the plaintiff attempting to convince the judge to rule in my favor. The holding may not be necessary I need a facts, issue section, rational, and law that would convince a judge to rule in my favor.
Neon Green Nuclear power plant is located on the outskirts of Bozeman, Montana and within 100 miles of Yellowstone National Park and 250 miles of the Rocky Mountains. Neon Green nuclear plant facilities lie on tributaries of rivers that flow down throughout Yellowstone, the Grand Tetons, and the Rocky Mountains. It was built 20 years ago, and is still operating to provide energy and electricity to nearby cities in Jackson, Gardiner, Idaho Falls, and Bozeman; as well as, facilities inside and near Yellowstone National Park and the adjacent areas. The nuclear plant uses the tributaries as a cooling device for its nuclear power generation, as well as nearby retention and cooling ponds on-site. Neon Green operates using the water from the tributaries to create steam to turn the turbines which generates electricity. If the nuclear plant cannot use this water, it cannot produce electricity to the surrounding areas efficiently.
Neon Green has documented that they use the water from the tributaries as a heat sink, expelling thermal waste to the nearby river and its tributaries. Normally, Neon Green uses a recirculating or indirect cooling system for its plant, but it also utilizes dry cooling in case of emergencies or water shortages (drought). Neon Green also maintains a disposal site 250 meters from the tributaries to store their nuclear and radioactive waste, until it is treated and sent to a proper disposal site. Since the plant was built and put into operation twenty years ago, it has received two minor civil fines, which Neon Green quickly fixed while paying out those fines. Neon Green recently received an award from the USGBC for its green innovations in the way it treats and disposes its nuclear waste. Other utility plants, such as coal and oil power plants, operate on the same river both upstream and downstream, but Neon Green is the only nuclear facility in the area.
Yellowstone, the Grand Tetons, and the Rocky Mountains are considered important national treasures and are important for domestic and foreign tourism in the United States. All of these parks have diverse ecosystems with endangered and threatened species relying on these ecosystems to survive. Grizzly bears, Canada Lynx, Greenback Cutthroat Trout, Mexican Spotted Owls, and Gray wolves are all considered threatened or endangered by the Endangered Species Act, and all of them are found in the surrounding areas of Yellowstone National Park, the Grand Tetons, and the Rocky Mountains. In the past year of 2013 to 2014, the populations of some of these species had incurred changes. Gray wolf populations numbered 4,000 wolves in 2013 and declined to 3,500 wolves in 2014. Grizzly bears experienced a slight loss from 750 bears to 700 bears in the Yellowstone area. Greenback Cutthroat Trout populations decreased the most from 800 to 500 fish. Mexican Spotted Owl populations have remained relatively stable with a loss of approximately 10-20 owls from 2013 to 2014; the Canada Lynx experienced a growth in population from 4,000 to 4,345 cats in the area in the same time period. All of these species have been documented as using the major rivers inside the listed parks as a source of food, water, and residence.
These major rivers are connected through streams and other rivers to the same tributaries that Neon Green uses to operate. Recent tests conducted on the river indicated that there were small, isolated spikes in radioactivity in the river. These spikes were above natural radiation levels of 1 millirem per day which equals 330 millirems per year; the spikes have been registered at around 2 millirem per day equalling 660-670 millirem per year. High doses of radiation can kill cells, damage organs, and cause cancer in both humans and animals.
Citizens for Nuclear Safety (CNS) has filed suit against Neon Green in federal court regarding the matter.
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