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Author Question: The Clean Water Act requires anyone discharging pollution into navigable water to obtain a permit ... (Read 162 times)

KimWrice

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on: Jun 24, 2018
The Clean Water Act requires anyone discharging pollution into navigable water to obtain a permit from the EPA.
  Indicate whether the statement is true or false

Question 2

Was it important to the outcome of this case that the plaintiffs had the burden of proof?


InfiniteSteez

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Reply #1 on: Jun 24, 2018
Answer to Question 1

T

Answer to Question 2

Yes. At the trial the district court placed the burden of proof on the city, and the plaintiffs won the lawsuit. The Court of Appeals made it clear that the burden of proof was properly on the plaintiff-applicants to show that the city's use of the polygraph test could not reasonably be believed to pro-duce a better-qualified group of new hires than would be chosen absent the polygraph test requirements. Since the plaintiffs did not meet the burden, they lost the case.


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