Crucial Exams

Multistate Bar Examination Practice Question

A non-profit organization files a lawsuit against State X for allegedly violating the federal Clean Air Act. State X claims it is immune from such lawsuits under the Eleventh Amendment. However, Congress has passed a statute waiving Eleventh Amendment immunity for certain environmental claims. Is the organization's lawsuit against State X permissible under federal law?

  • Yes, provided the lawsuit is filed in federal court.

  • No, the Eleventh Amendment applies specifically to criminal cases.

  • No, because State X retains sovereign immunity in the context of federal statutes.

  • Yes, because Congress has waived Eleventh Amendment immunity for these claims.

Multistate Bar Examination
Constitutional Law
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