The Legal Environment of Business: Text and Cases (MindTap Course List)
10th Edition
ISBN: 9781305967304
Author: Frank B. Cross, Roger LeRoy Miller
Publisher: Cengage Learning
expand_more
expand_more
format_list_bulleted
Question
Chapter 2, Problem 1BS
Summary Introduction
Case Summary: J and M bought a house in J County, located across the street from a gravel pit. The county converted the pit to a landfill, which accepted many kinds of trash. The accumulated trash caused harm to the environment. J and M complained to the county, but the county did nothing. The plaintiffs filed a lawsuit against the county alleging infringement of federal environmental laws.
To Find: The plaintiff’s right to sue in this particular case.
Expert Solution & Answer
Trending nowThis is a popular solution!
Students have asked these similar questions
Mildred and Richard Loving purchased a home in Inkster. At the time, there was a gravel pit across the street. Five years later, Wayne County converted the pit to a landfill. Under the county’s operation, the landfill accepted major appliances, household garbage, spilled grain, grass clippings, straw, manure, animal carcasses, containers with hazardous content warnings, leaking car batteries, and waste oil, among other things. The deposits were often left uncovered, attracting insects and other scavengers and contaminating the groundwater. Fires broke out, including at least one started by an intruder who entered the property through an unlocked gate. The Lovings complained but no changes were made. They then sued Wayne County and the State of Michigan, alleging violations of federal environmental laws. Those laws were designed to minimize the risks of injuries from fires, scavengers, groundwater contamination, and other pollution dangers. Did the Lovings have standing to sue?
a.…
Atlantic Cement operated a large cement plant. Neighboring landowners sued for damages and an injunction, claiming that their properties were injured by the dirt, smoke, and vibrations coming from the plant. The lower court found that the plant constituted a nuisance and granted temporary damages but refused to grant an injunction because the benefits of operating the plant outweighed the harm to the plaintiffs’ properties. The landowners appealed. Does the plant constitute a nuisance? Should it be shut down?
A chemical processing company stored toxic waste on its premises. A severe storm caused damaged to the containers storing the waste, which resulted in the spill contaminating nearby pond, which belongs to Sam. The chemical processing company was careful when storing the waste and no allegation of negligence is made. However, Sam claims that the chemical processing company is liable for the pond contamination, even though there is no negligence. Is Sam correct? Explain
Chapter 2 Solutions
The Legal Environment of Business: Text and Cases (MindTap Course List)
Knowledge Booster
Similar questions
- a) Miriam went to do shopping at Bei Poa Supermarket Ltd. However, due to the slippery floor at the supermarket, she slipped and fell injuring her limbs. Miriam is aggrieved and seeks compensation from Bei Poa Supermarket Ltd., but the supermarket denies liability. Identify the applicable legal principles and advise Miriam. b) Discuss ways through which the supremacy of the Constitution of Kenya is manifestedarrow_forwardIn January 2016 Ben Sisko bought a “Quark's Burgers” franchise in Montana. Quark's Burgers has over 100 franchisees, and its franchise agreement states that all franchisees must offer menu items as directed by Quark's Burgers, and that the failure to do so could result in the immediate termination of the franchise. Ben bought the franchise because he was a vegetarian, and its menu was free of meat products. In addition, Ben's religion forbids the eating of any meat products. Ben's franchise was very successful, and every year he received an award from Quark's Burgers for being one of the top 10% of its franchisees. In April 2019 Quark's Burgers changed its menu; among the changes included breakfast sandwiches with bacon, ham, or sausage. Ben refused to sell these items at his store on the ground that his religion forbids the eating of pork products. In January 2020 Ben opened a second franchise, at which he also refused to sell products with meat products. Ben's franchises…arrow_forwardKennecott Copper Corp. brings a challenge to an Environmental Protection Agency (EPA) order that rejected a portion of the State of Nevada’s implementation plan dealing with the control of stationary sources of sulfur dioxide (SO2). All of the SO2 emissions come from a single source—the Kennecott copper smelter at McGill. The EPA bases its decision on the belief that the Clean Air Act National Ambient Air Quality Standards (NAAQS) must be met by continuous emission limitations to the maximum extent possible and that the Act permits the intermittent use of emission controls only when continuous controls are not economically feasible. Kennecott contends that the EPA must approve any State implementation plan that will attain and maintain an NAAQS within the statutory time period. Who will prevail? Why?arrow_forward
- Clarice, a young woman with a mental disability, brought a malpractice suit against a doctor at the Medical Center. As a result, the Medical Center refused to treat her on a nonemergency basis. Clarice then went to another local clinic, which was later acquired by the Medical Center. Because the new clinic also refused to treat her, Clarice had to seek medical treatment in another town 40 miles away. Has the Medical Center violated the antitrust laws? Was it ethical to deny treatment to a patient?arrow_forwardMark Hunger was the safety director at Grand Central Sanitation. On September 7, Hunger “became aware” that hazardous materials consisting of blasting caps were being deposited into garbage containers at Shu-Deb, Inc. Grand Central collected garbage from these containers and dumped it at a dump site. Hunger knew that Grand Central was not licensed to dispose of hazardous materials and believed that it would violate State and/or Federal law if the company transported or disposed of hazardous materials. Hunger also became concerned about the safety of company employees from the danger of transporting blasting caps. On September 9, Hunger informed Grand Central’s owner and vice president, Gary Perin, of the information he received about the blasting caps. On September 12, Hunger, accompanied by Pennsylvania state police and agents of the Federal Bureau of Alcohol, Tobacco, and Firearms, went to search the contents of Shu-Deb’s containers. However, the garbage had already been collected,…arrow_forwardThe McClungs owned Ollie’s Barbecue, a restaurant located a few blocks from the interstate highway in Birmingham, Alabama, with dining accommodations for whites only and a takeout service for blacks. In the year preceding the passage of the Civil Rights Act of 1964, the restaurant had purchased a substantial portion of the food it served from outside the state. The restaurant had refused to serve blacks since its original opening in 1927 and asserted that if it were required to serve blacks it would lose much of its business. The McClungs sought a declaratory judgment to render unconstitutional the application of the Civil Rights Act to their restaurant because their admitted racial discrimination did not restrict or significantly impede interstate commerce. Decision?arrow_forward
- Mark Young is the head of the painting department in a large hospital; 20 union employees report to him. Before coming on board at the hospital, he had worked as an independent contractor. At the hospital, he took a position that was newly created because the hospital believed change was needed in how painting services were provided. Upon beginning his job, Mark did a 4-month analysis of the direct and indirect costs of painting services. His findings supported the perceptions of his administrators that painting services were inefficient and costly. As a result, Mark completely reorganized the department, designed a new scheduling procedure, and redefined the expected standards of performance. Mark says that when he started out in his new job he was “all task,” like a drill sergeant who didn’t seek any input from his subordinates. From Mark’s point of view, the hospital environment did not leave much room for errors, so he needed to be strict about getting painters to do a good job…arrow_forwardJohn’s neighbour, Cynthia, has begun raising pigs in her backyard. John is no longer able to enjoy sitting in his hot tub on his back deck as a result of the smell. If John wanted to sue Cynthia, which cause of action would he use as his grounds? Select one: a. Nuisance b. Negligence c. Strict Liability d. Trespassarrow_forwardThe National Cooperative Research and Production Act of 1993, 15 U.S.C. §§ 4301-06, exempts certain joint research, development and production activities from the per se rule of antitrust liability, and from the automatic award of attorneys’ fees to a plaintiff who successfully challenges such activities under the antitrust laws. For parties that notify the antitrust agencies of their intent to engage in such activities, it also requires “detrebling” – successful antitrust plaintiffs are entitled only to single damages. Do you support this legislation? Why or why not? Would you support extending these same protections to all competitive conduct that is subject to the US antitrust laws? Which categories of conduct would you include or exclude from such protection? Explain your reasoning.arrow_forward
- Pilot Petroleum Associates, Inc., and various affiliated companies distributed gasoline to retail gasoline stations in the state of New York. Pilot owned some of these stations and leased them to individual operators who were under contract to purchase gasoline from Pilot. The EPA took samples of gasoline from five different service stations to which Pilot had sold unleaded gasoline. These samples showed that Pilot had delivered “unleaded gasoline that contained amounts of lead in excess of that permitted by the Clean Air Act and EPA regulations.” The United States brought criminal charges against Pilot for violating the act and EPA regulations and sought fines from Pilot. Who wins? Explain.arrow_forwardCourtney lived in Wyoming. On New Year’s Day she purchased a weight loss drug manufactured in Oklahoma by an Oklahoma Corporation, Ozzipic, Inc. Courtney learned of the drug from multiple advertisements on her local television station and in local newspapers. After suffering from a serious gastrointestinal illness, she sued Ozzipic in a Wyoming state court for $100,000. Ozzipic argued that Wyoming did not have personal jurisdiction over them because they were an Oklahoma corporation. How should the court rule? a. Wyoming does not have personal jurisdiction over the Oklahoma defendants because an advertisement in a local paper does not amount to minimum contacts. b. This case should be transferred to Federal Court based on Diversity Jurisdiction, as the plaintiff and defendant are from two different states and the plaintiff is seeking more than $75,000 in damages. c. Wyoming has personal jurisdiction over the Oklahoma defendants because they made one sale in…arrow_forwardPebbles Flintstone is a minor. Pebbles dropped out of high school in order to care for her ailing mother. The Flintstone home is located in Anacortes, Washington. To help pay for her mother's medical care, Pebbles decided to sell her guitar. Pebbles received the guitar as a gift from her Uncle Barney. Pebbles tried to learn how to play the guitar, but after two years she became frustrated and threw it under her bed. While the guitar has a few cracks and scratches, it is still in good working order. Because her Uncle Barney is wealthy, Pebbles thinks he paid about $500 for the guitar, and hopes it might still be worth around $200. Mr. Slate, age 44, owns Bedrock Antiques & Collectibles. While walking down the street, he came across the Flintstone home, saw they were having a yard sale and decided stop and look around. When he saw the guitar, with a sign that simply said "Make Offer", Mr. Slate offered Pebbles $500. Mr. Slate wasn't sure, but believed the guitar might be a rare…arrow_forward
arrow_back_ios
SEE MORE QUESTIONS
arrow_forward_ios
Recommended textbooks for you
BUSN 11 Introduction to Business Student EditionBusinessISBN:9781337407137Author:KellyPublisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...BusinessISBN:9781337386494Author:Mary Ellen Guffey, Dana LoewyPublisher:Cengage Learning
Accounting Information Systems (14th Edition)BusinessISBN:9780134474021Author:Marshall B. Romney, Paul J. SteinbartPublisher:PEARSON
International Business: Competing in the Global M...BusinessISBN:9781259929441Author:Charles W. L. Hill Dr, G. Tomas M. HultPublisher:McGraw-Hill Education
BUSN 11 Introduction to Business Student Edition
Business
ISBN:9781337407137
Author:Kelly
Publisher:Cengage Learning
Essentials of Business Communication (MindTap Cou...
Business
ISBN:9781337386494
Author:Mary Ellen Guffey, Dana Loewy
Publisher:Cengage Learning
Accounting Information Systems (14th Edition)
Business
ISBN:9780134474021
Author:Marshall B. Romney, Paul J. Steinbart
Publisher:PEARSON
International Business: Competing in the Global M...
Business
ISBN:9781259929441
Author:Charles W. L. Hill Dr, G. Tomas M. Hult
Publisher:McGraw-Hill Education