Protecting Protecting the Environmentthe Environment

Start here mondya do quiz review and contract assignment review set up time for extra exam review and complete all grades except final spreadsheet

Extra – Optional – Exam Review•Thursday, Dec. 10 from 3:00-4:00 p.m •CH 498

Contract Project - MW

Price Quantity

$950 500$410 1500$400 500$395 350

$363 250$350 500$300 500$288 1125$38 6

Price Quantity

$410 1500$288 1125$950 500$400 500

$350 500$300 500$395 350$363 250$38 6

Fantastic for UFLOW

Fantastic for Clinic

Fantastic for UFLOW

Fantastic for Clinic

Good for UFLOW OK for Clinic

Fantastic for UFLOW

Fair Price for Both

Contract Project - TR

Price Quantity

$370 2500$400 1000$381 750$497 500

$372 500$175 500$342 400$387 250$380 250$230 250

Price Quantity

$497 500$400 1000$387 250$381 750

$380 250$372 500$370 2500$342 400$230 250$175 500

Fantastic for Clinic

Fantastic for UFLOW

Fair Price for Both

Fantastic for UFLOW

Fantastic for Clinic

Good for UFLOW OK for Clinic

Contract - TermsBasePrice Payment terms (upfront, monthly, etc.)Discounts for prompt payment, discounts for additional ordersQuantityQuality – description of product (warranty)Delivery (who pays – risk of loss)

 Next LevelLanguage Choice of law Arbitration/Choice of Forum (how arbitration fees are paid)Term – details around length of contract/termination reasons/breach

Next LevelForce MajeureWarranty/Conditions/Representations Support levels – (phone, training, response time, etc.)TaxGood Faith ClauseExclusive provider of the product to the clinic (good idea)Regulatory matters.Notice provisionCounter PartsSeverability

Cultural Items

Match seniority levels. Flexibility on timing (start time of meetings, contract deadlines, etc.) Schedule for a later lunch (Mexicans eat later than U.S.) Let workers speak freely – interruptions and talking loud is sign of good discussion. Dress appropriately Deal with women/men appropriately Avoid too much direct eye contact Mexican culture more relaxed and we will not take a relaxed attitude negatively Talk about non-business issues first. How is your family doing? “Maybe” as a possible “No” High value on family

Chapter Objectives

1. Common Law. Identify common law actions available against polluters.

2. Environmental Regulatory Law. Understand general environmental laws and principals – be able to identify key regulations and areas regulated.

3. Superfund. Identify the purpose and functions of Superfund.

Farmtex Case – Nuisance LawEven groups = FarmtexOdd = Moonbay

Casey Martin

Home building – Feedlot business p.576, Q25-3

•Moonbay is a home building corporation that develops retirement communities.•Farmtex owns a number of feedlots in Sunny Valley.•Moonbay purchased 20,000 acres of farmland in Sunny Valley to develop•Farmtex continued to expand•Eventually only 500 feet separated the two operations.•Moonbay found it difficult to sell homes because the odor and flies from the feedlots.•Moonbay sued to stop Farmtex from operating

its feedlots near the retirement community. Who should win?

500 feet

Farmtex Feedlot

MoonBay Retirement Community

Common Law Actions

Businesses/people responsible for operations that created dirt, smoke, noxious odors, noise, or toxic substances were sometimes held liable under common law theories of:

1. nuisance • A common law doctrine under which actions against pollution-

causing activities may be brought.• An action is permissible only if an individual suffers a harm

separate and distinct from that of the general public.

2. or negligence.• the harm was a foreseeable result of the firm’s failure to exercise

reasonable care (negligence) • businesses engaging in ultra hazardous activities are liable for

whatever injuries the activities cause, regardless of whether the firms exercise reasonable care

Federal Regulation

The National Environmental Policy Act of 1969 imposes environmental responsibilities on all federal agencies.

Environmental Impact Statement (EIS) for federal projects.– An EIS must analyze the action’s impact on the environment, its adverse

effects and possible alternatives, and its irreversible effects on environmental quality.

The Environmental Protection Agency was created in 1970 to coordinate federal environmental programs; it administers most federal environmental policies and statutes.

– air pollution, – water pollution, – noise pollution, – toxic chemicals, – and radiation.

$125,000 Fine to Materials Processing of Mendota Heights for improperly storing 5 million pounds of crushed cathode ray tubes.•Stored in 128 semi-trailers around the twin cities

Air Pollution

Clean Air Act

Should it be okay to control air pollution through building taller smokestacks

(i.e. to spread the pollutants out over a greater distance)?

Water Related Pollution

Clean Water Act of 1972. Navigable Waters

– Safe for swimming– Protect fish and wildlife– Eliminate discharge

Wetlands. Prohibits filling/dredging of wetlands unless permit obtained

Drinking Water – 1974 – max level of pollutants

2006 US Supreme Court (5-4 decision) Clean Water Act •Divided Opinion. 5 separate opinions covering 100 pages. •Cannot Regulate Dry Land that Drains to Wetland. Army Core of Engineers, the lead federal agency in wetland regulation, exceeded its authority when it denied landowners permits to dump rocks and dirt not directly in marsh land but also in areas linked to wetlands only through a series of drainage ditches. •Significance. Significant because some thought it would more severely limit scope of wetland regulation

Superfund

Toxic Chemicals. Pesticides and herbicides, toxic substances, and hazardous waste are regulated under the authority of

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, regulates the clean-up of hazardous waste-disposal sites.

Clean-up of hazardous wastes Joint and several liability (2009 Supreme Court case somewhat limits this – if

liability can be apportioned)

Brother Tom Nichols of Franciscan Friars of California.•Gift of a mine

•Copper, Silver, and Gold•$2.2 Million cleanup

•Monks spent $940,000

SuperfundWho is potentially liable?

What is the logic?Is this fair?

Superfund Sites

Violations of Acts

Fines. For violations of emission limits under the Clean Air Act, the EPA can assess civil penalties of up to $25,000 per day.

– Additional fines of up to $5,000 per day can be assessed for other violations, such as failing to maintain the required records.

Imprisonment. Those who knowingly violate the act may be subject to criminal penalties, including fines of up to $1 million and imprisonment for up to two years.

Long Prairie Packing Company fined $12,500 in 2007

for not promptly notifying MN Pollution Control about a manure storage problem

Global Environmental Issues

Cross-Border Pollution. Global Warming. What is the Answer? Economic

Development?

2007 Supreme Court Opinion on Global Warming•Supreme Court Ruling. EPA is responsible for providing clean air. •Issue. In 1970 Congress passed a law mandating that all known pollutants be to health levels by 1977. Yet, in 1987 100 million Americans still breathed polluted air. •Problem.

Potlatch Example

State and Local Regulation

Many states regulate the degree to which the environment may be polluted.

City, county, and other local governments control some aspects of the environment.