This case begins with the relationship between California and Hawaiian Sugar Company (C&H), the purchaser, and Sun Ship, Inc., the contractor for the design and delivery of a vessel to ship raw sugar for C&H from Hawaii to California. Sun Ship went into contract with C&H on November 14, 1979 and agreed upon the delivery of the vessel on June 30, 1981, one and three quarter years, for the agreed upon amount of $20,405,000 . According to Cheeseman (2013) a liquidated damages clause, defined as “damages that parties to a contract agree in advance should be paid if the contract is breached”, was included and called for $17,000 per day for each day that the vessel was not delivered. Additional details from Court of Appeals, 9th Circuit 1986 indicate that C&H went into another agreement with a company by the name of “Halter” for the purchase of "one oceangoing catamaran tug boat" that was, unbeknownst to Sun Ship, supposed to connect with the vessel that Sun Ship was contracted to deliver. Sun completed the vessel, which was…
A developer called Riverside Bayview Homes (respondent) owned 80 acres of land in Michigan, and intended to dredge and fill wetlands that existed on its property, in order to build homes. Under the provisions of the Clean Water Act, the Army Corps of Engineers (petitioner on behalf of the U.S.) felt that RBH should not be permitted to do so and filed suit in Federal District Court, seeking an immediate injunction in order to prevent the continuation of this project. The COE felt that the land owned by RBH was subject to jurisdiction under the Clean Water Act because of its adjacency to navigable water, and therefore (under section 404(a) of the CWA) required a permit in order to be dredged and filled. Under the Clean Water Act, a freshwater…
The fly fishing outfitter did not have any legal recourses that were discussed in lecture. The fertilizer plant did not violate the Clean Water Act section 402 because the plant obtained a permit prior to discharging the pollutant. Also, the EPA and the state approved all discharge action reported. Additionally, common law claims are inadequate because pollution caused by industrial activity is considered a negative externality. The producer and consumer of the product are not directly responsible by the impact. The cost of the externality does not take into the consideration of the cost of the goods. Likewise, it is difficult to quantify impact and distribute the responsibility equally. Legally, the polluter has no criminal liability due…
So what do you suppose happened when over-pumping of the saturated zone was stopped by that other California state agency?…
If this wasn't bad enough, in 2014, a 30 ton coal ash pond spilled into the Dan River, a result of Duke Energy’s careless actions. Millions of people were left without a dependable public water source for over a year. Despite the damage the company has caused to the local environment, it was only fined 109 million dollars. The company pledges to make safer changes, but many of the 14 coal ash ponds still linger near public water sources with their hazardous materials.…
The First point that is considered when examining the cause of the Walkerton water crisis due to environmental budget cuts is; if the Public Utilities commissioner (PUC) in Walkerton had a government supervisor he would have been able to ensure water safety. If the manager had a government supervisor he would not have missed the first signs of a problem at the water treatment plant because they would have insured that he was taking the tests frequently. “According to Leah Casselman, the president of the Ontario Public Service Employees Union, which represents 580 employees at the Ontario Clean Water Agency and 1100 staff at the environment ministry, the frequency of water testing is based on how much a municipality can afford.” (Spurgeon, 2000) This shows how Walkerton was unable to test the water frequently because the town is small and it could have saved a lot of money skipping on water tests. This is a result of the budget cuts that the government made in the Ministry of Environment. Therefore the absence of the budget cuts could have saved lives and money that was spent on the crisis.…
It all started in 1952 when PG&E built a pumping station that spread over 20 acres in California that was used to pump natural gas through pipes to people across the state. They used a chemical called chromium XI to prevent the rusting of the pipes. The chemical runoff was disposed of in unlined wastewater ponds (Sharp, 2000). In 1987, during a routine check PG&E found that the chromium had leaked into the water supply and in December they reported their findings to the California Regional Water Quality Control Board. The board then ordered PG&E to clean up the pollution. In the early 1990’s, PG&E undertook at $12.5 million clean up effort. This effort included approaching the owners of three farms and ten houses (Sharp, 2000).…
People who live close to Ballona creek are accusing Industries for the contamination of the water. The thing that they would never think of was that it was the asphalt pit. When there is heavy rain, the asphalt pit would over flow and then it runs down into the sewer system, leaking into the creek and draining into the ocean. The Page Museum and Natural History Museum of Los Angeles County have paid local water controllers $15,000 dollars for discharging contaminated water into the storm drains in 2006. And in 2002, the Page Museum paid $3,000 to a coastal cleaning project to resolve a storm water release violation. This source is credible because it was written by Jasson Song and Tony Barboza. Their arguments are solid and clear. They cover…
In the movie “A Civil Action”, the environmental problem was that trichloroethylene and silicone was placed into the water in the town of Woburn. It happened through a tanning company pouring chemicals on the hides of animals and it seeping out. The company also placed a lot of barrels with the dangerous chemicals into the ground and it seeped out into the wells of the town. The damage it caused to the environment and to the people was a huge amount. It poisoned the town and children were killed because of it. The chemicals caused the children to get Leukemia and they died. The people blamed the companies Beatrice Foods and W. R. Grace & Co for neglecting proper cleaning habits.…
industrial waste. The site is located in the heart of the downtown, Wichita business district. The contamination was…
The Child Labor Movement In 1903, there was a march called “The March of the Mill Children.” Mother Jones started this march by getting 10,000 children together who had a job. The march lasted for a couple weeks, starting in Philadelphia and ending in New York. The Child Labor movement started because children were working many hours under harsh conditions and they got paid very little.…
Marla is a 42 year old Hispanic female accountant, that has complaints of trouble sleeping, feeling jumpy all the time, and unable to concentrate. With these symptoms it is causing her issues at work. There are several disorders that Marla could be suffering from but, it seems to be that one stands out from the rest. Post-Traumatic Disorder also known as PTSD, this is caused when a person experiences something traumatic such as a violent crime against them, a car accident, active military combat duty, the loss of a loved one, etc.…
b. After Schlictman’s appeal was filed, the Supreme Court indicted both companies of federal charges for polluting a communities water…
Environmental law is the important part of government regulation and it deals with pollution or contamination problems. In our case contamination is found within the walls of the factory that was owned by W.R. Grace & Co. Company was using hazardous substances and it has legal duty of care for waste: they had to be disposed or recovered (Business Gateway, 2009). But company failed to do that and all waste was poured out into the water. Unfortunately those burdensome substances negatively affected health of large number of people including workers of the factory, their families and neighbors who lived in the Woburn, Massachusetts. “Ingestion” occurred as people were drinking this polluted water and they were using it for cooking. That region was characterized by large number of illnesses and sick people. Unfortunately contaminated water became the reason of death of children, who died from leukemia. According to general obligation law to environmental contamination caused by businesses, company must pay compensation if its manufacturing processes resulted in contamination and this pollution in its turn caused the personal injury or property damage. (Nelson, 2006) But in our case exposure of hazardous substances in the water resulted in deaths of children and there was no amount of money that can revive and return them to their parents. But someone had to take responsibility of it. The parents sued company as it was legally liable for pollution and plaintiffs tried to prove that defendants knew their operations would cause pollution.…
The key facts from the scenario are that Alumina is an aluminum maker and has business interests in automotive components and manufacture of packaging materials, bauxite mining, alumina refining, and aluminum smelting. Alumina is under the jurisdiction of region 6 of the Environmental Protection Agency (EPA). Alumina had an environmental discharge that violated the EPA compliance five years ago. The PAH concentration in test samples was above the prescribed limit. Alumina fixed the problem and has been in compliance for over five years. This is the only incident on record and since then Alumina has had a good overall environmental record. Kathy Bates reports that daughter contracted leukemia from this environmental issue that Alumina has done and accused Alumina of repeatedly contaminating the waters of Lake Dira with carcinogenic effluents (University of Phoenix, 2002).…