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US Federal Constitution
QUESTION #5813
Question 1
Congress passes a statute providing that any person who is 'aggrieved' by a violation of the Clean Air Act may bring a civil action in federal court for damages, regardless of whether they have suffered a physical or economic injury. A citizen sues a factory for emitting excess smoke, though the citizen lives 500 miles away. Does the court have jurisdiction?
Correct Answer Explanation
Congress cannot waive the Article III requirement of 'injury in fact.' To have standing, a plaintiff must show a concrete and particularized injury. A 'statutory right' to sue is insufficient if the plaintiff has not personally suffered an actual harm.
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