SmartBrief
Confirm favorite deletion?
Remedies Keyed to Tabb, 8th
Michigan v. Army Corps of Engineers
Citation:
667 F.3d 765 (2011)Facts
The Chicago Area Waterway System is a man-made connection between Lake Michigan and the Mississippi River watershed, consisting of canals, channels, locks, and dams used for navigation, commerce, recreation, and flood control. Asian carp (bighead and silver carp) are invasive species that escaped from aquaculture facilities around 1970 and have migrated up the Mississippi River, reaching within approximately 60 miles of Lake Michigan by 2009. These voracious fish consume organisms at the base of the food chain, reproduce rapidly, adapt easily, and threaten to devastate the Great Lakes ecosystem and the multi-billion-dollar fishing industry if they establish breeding populations. The Corps constructed electric barriers in the Chicago Sanitary and Ship Canal to deter fish migration and has implemented various monitoring and control measures. Environmental DNA testing detected carp DNA at multiple locations in the CAWS above the barriers, and two carp specimens were found in the system, suggesting the fish may already be present in low numbers.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.