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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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Facts: A verified petition is filed in a trial court under A.M. No. 09-6-8-SC by the Sapal River Protectors against TerraNova Minerals, Inc. seeking a Temporary Environmental Protection Order (TEPO) to stop tailings discharges into the Sapal River, a drinking-water source for several municipalities. The court grants the TEPO ex parte, ordering TerraNova to cease discharges and to implement a temporary filtration system pending a full hearing. Five days later, TerraNova moves to dissolve or modify the TEPO on grounds of lack of due process and absence of an imminent environmental threat, while Sapal River Protectors urges continuation and notes the local water utility and DENR endorsement for maintaining the TEPO. (a) Identify the governing doctrine and the proper legal framework for TEPO under A.M. No. 09-6-8-SC. (b) Evaluate whether the ex parte issuance of TEPO was proper under the TEPO rules, discussing the standards and due-process considerations. (c) Assuming the TEPO remains in effect, discuss its proper scope, duration, and the grounds and procedure for dissolving or modifying it, with the applicable limits on its use.

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Clara

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