Quiz 46: Environmental Law
There is a good chance that there would be a different outcome or at least a different reasoning. Here, the government had jurisdiction under the Clean Water Act because the lands in question were wetlands by virtue of their water saturation. If the water aspect was lacking, the government would not have been able to exercise control over the land.
Ideally, the Environmental Protection Agency would prevent any cancerous substance from being released. However, in any industrial activity, there is a risk of emissions despite best efforts. The EPA has set up strict regulations to restrict the amount of cancerous emissions. If the EPA were to eliminate all emissions, the impact on American industries and the economy could shut down the country. Thus, it is not a practical remedy to institute such a strict policy.
The appellate court lays out the factors that apply in deciding when the trial court abuses its discretion by omitting a jury instruction: when the language of the instruction is mostly correct, when the language is not found in the charge given to the jury, and when it is regarding an important issue in the trial.