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Quiz 46 :

Antitrust Law

Quiz 46 :

Antitrust Law

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Environmental Laws Moonbay is a home-building corporation that primarily develops retirement communities. Farmtex owns a number of feedlots in Sunny Valley. Moonbay purchased 20,000 acres of farmland in the same area and began building and selling homes on this acreage. In the meantime, Farmtex continued to expand its feedlot business, and eventually only 500 feet separated the two operations. Because of the odor and flies from the feedlots, Moonbay found it difficult to sell the homes in its development. Moonbay wants to enjoin (prevent) Farmtex from operating its feedlot in the vicinity of the retirement home development. Under what common law theory would Moonbay file this action? Has Farmtex violated any federal environmental laws? Discuss.
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M could sue under the common law theory of nuisance. A nuisance occurs when an offending party acts in a way that interferes with another party's rights to use or enjoy their property.
Here, F is releasing pollutants that are impinging on M's ability to sell his property. The ability to sell one's property is a fundamental right and M may have a strong case against F.
The court may enjoin F's actions and/or award damages to M.

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Environmental Impact Statement Greers Ferry Lake is in Arkansas, and its shoreline is under the management of the U.S. Army Corps of Engineers, which is part of the U.S. Department of Defense (DOD). The Corps's 2000 Shoreline Management Plan (SMP) rezoned numerous areas along the lake, authorized the Corps to issue permits for the construction of new boat docks in the rezoned areas, increased by 300 percent the area around habitable structures that could be cleared of vegetation, and instituted a Wildlife Enhancement Permit to allow limited modifications of the shoreline. In relation to the SMP's adoption, the Corps issued a Finding of No Significant Impact, which declared that no environmental impact statement (EIS) was necessary. The Corps issued thirty-two boat dock construction permits under the SMP before Save Greers Ferry Lake, Inc., filed a suit in a federal district court against the DOD, asking the court to, among other things, stop the Corps from acting under the SMP and order it to prepare an EIS. What are the requirements for an EIS? Is an EIS needed in this case? Explain. [ Save Greers Ferry Lake, Inc. v. Department of Defense , 255 F.3d 498 (8th Cir. 2001)]
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An environmental impact statement (EIS) is required by the National Environmental Policy of Act of 1969. Whenever there is a major federal action that significantly affects the quality of the environment, an EIS must be prepared. A major federal action is one that requires a big commitment, whether it be monetary. An EIS analyzes the environmental impact of the action, the possible adverse effects and alternative actions, and the possible irreversible effects.
In this case, the boat permits and the land in question are quite significant. An EIS should have been enforced because of the major federal action by the U.S. Army Corps of Engineers.

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In the early part of the first decade of the 2000s, residents of Lake Caliopa, Minnesota, began noticing an unusually high number of lung ailments among their population. A group of concerned local citizens pooled their resources and commissioned a study of the frequency of these health conditions per capita in Lake Caliopa as compared with national averages. The study concluded that residents of Lake Caliopa experienced four to seven times the rate in the frequency of asthma, bronchitis, and emphysema as the population nationwide. During the study period, citizens began expressing concerns about the large volumes of smog emitted by the Cotton Design apparel manufacturing plant on the outskirts of town. The plant had opened its production facility two miles east of town beside the Tawakoni River in 1999 and employed seventy full-time workers by 2010. Just downstream on the Tawakoni River, the city of Lake Caliopa operated a public waterworks facility, which supplied all city residents with water. In August 2010, the Minnesota Pollution Control Agency required Cotton Design to install new equipment to control air and water pollution. In May 2011, citizens brought a lawsuit in a Minnesota state court against Cotton Design for various respiratory ailments allegedly caused or compounded by smog from Cotton Design's factory. Using the information presented in the chapter, answer the following questions. What information must the city send to every household that it supplies with water? DEBATE THIS: The courts should reject all cases in which the wetlands in question do not consist of actual bodies of water that exist during the entire year.
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Under the Safe Drinking Water Act, suppliers of drinking water are required to send the following documents.
(a) Annual statement specifying the source of its water,
(b) The level of contaminants contained in the water, and
(c) The possible health concerns associated with the contaminants.
Thus, the city must send a statement that includes this information every year to every household it provides with water.

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In the early part of the first decade of the 2000s, residents of Lake Caliopa, Minnesota, began noticing an unusually high number of lung ailments among their population. A group of concerned local citizens pooled their resources and commissioned a study of the frequency of these health conditions per capita in Lake Caliopa as compared with national averages. The study concluded that residents of Lake Caliopa experienced four to seven times the rate in the frequency of asthma, bronchitis, and emphysema as the population nationwide. During the study period, citizens began expressing concerns about the large volumes of smog emitted by the Cotton Design apparel manufacturing plant on the outskirts of town. The plant had opened its production facility two miles east of town beside the Tawakoni River in 1999 and employed seventy full-time workers by 2010. Just downstream on the Tawakoni River, the city of Lake Caliopa operated a public waterworks facility, which supplied all city residents with water. In August 2010, the Minnesota Pollution Control Agency required Cotton Design to install new equipment to control air and water pollution. In May 2011, citizens brought a lawsuit in a Minnesota state court against Cotton Design for various respiratory ailments allegedly caused or compounded by smog from Cotton Design's factory. Using the information presented in the chapter, answer the following questions. Are air-quality regulations typically overseen by federal, state, or local governments? DEBATE THIS: The courts should reject all cases in which the wetlands in question do not consist of actual bodies of water that exist during the entire year.
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Environmental Impact Statement The U.S. National Park Service (NPS) manages the Grand Canyon National Park in Arizona under a management plan that is subject to periodic review. In 2006, after nine years of background work and the completion of a comprehensive environmental impact statement, the NPS issued a new management plan for the park. The plan allowed for the continued use of rafts on the Colorado River, which runs through the Grand Canyon. The number of rafts was limited, however. Several environmental groups criticized the plan because they felt that it still allowed too many rafts on the river. The groups asked a federal appellate court to overturn the plan, claiming that it violated the wilderness status of the national park. When can a federal court overturn a determination by an agency such as the NPS? Explain. [ River Runners for Wilderness v. Martin , 593 F.3d 1064 (9th Cir. 2010)]
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In the early part of the first decade of the 2000s, residents of Lake Caliopa, Minnesota, began noticing an unusually high number of lung ailments among their population. A group of concerned local citizens pooled their resources and commissioned a study of the frequency of these health conditions per capita in Lake Caliopa as compared with national averages. The study concluded that residents of Lake Caliopa experienced four to seven times the rate in the frequency of asthma, bronchitis, and emphysema as the population nationwide. During the study period, citizens began expressing concerns about the large volumes of smog emitted by the Cotton Design apparel manufacturing plant on the outskirts of town. The plant had opened its production facility two miles east of town beside the Tawakoni River in 1999 and employed seventy full-time workers by 2010. Just downstream on the Tawakoni River, the city of Lake Caliopa operated a public waterworks facility, which supplied all city residents with water. In August 2010, the Minnesota Pollution Control Agency required Cotton Design to install new equipment to control air and water pollution. In May 2011, citizens brought a lawsuit in a Minnesota state court against Cotton Design for various respiratory ailments allegedly caused or compounded by smog from Cotton Design's factory. Using the information presented in the chapter, answer the following questions. Under the common law, what would each plaintiff be required to identify in order to be given relief by the court? DEBATE THIS: The courts should reject all cases in which the wetlands in question do not consist of actual bodies of water that exist during the entire year.
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CERCLA Beginning in 1926, Marietta Dyestuffs Cooperated an industrial facility in Marietta, Ohio, to make dyes and other chemicals. In 1944, Dyestuffs became part of American Home Products Corp. (AHP), which sold the Marietta facility to American Cyanamid Co. in 1946. In 1950, AHP sold the rest of the Dyestuffs assets and all of its stock to Goodrich Co., which immediately liquidated the acquired corporation. Goodrich continued to operate the dissolved corporation's business, however. Cyanamid continued to make chemicals at the Marietta facility, and in 1993, it created Cytec Industries, Inc., which expressly assumed all environmental liabilities associated with Cyanamid's ownership and operation of the facility. Cytec spent nearly $25 million on clean-up costs and filed a suit in a federal district court against Goodrich to recover, under CERCLA, a portion of the costs attributable to the clean-up of hazardous wastes that may have been discarded at the site between 1926 and 1946. Cytec filed a motion for summary judgment in its favor. Should the court grant Cytec's motion? Explain. [ Cytec Industries, Inc. v. B. F. Goodrich Co., 196 F.Supp.2d 644 (S.D. Ohio 2002)]
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A QUESTION OF ETHICS: Clean Air Act. In the Clean Air Act, Congress allowed California, which has particular problems with clean air, to adopt its own standard for emissions from cars and trucks, subject to the approval of the Environmental Protection Agency (EPA) according to certain criteria. Congress also allowed other states to adopt California's standard after the EPA's approval. In 2004, in an effort to address global warning, the California Air Resources Board amended the state's standard to attain "the maximum feasible and cost-effective reduction of GHG [greenhouse gas] emissions from motor vehicles." The regulation, which applies to new passenger vehicles and light-duty trucks for 2009 and later, imposes decreasing limits on emissions of carbon dioxide through 2016. While EPA approval was pending, Vermont and other states adopted similar standards. Green Mountain Chrysler Plymouth Dodge Jeep and other auto dealers, automakers, and associations of automakers filed a suit in a federal district court against George Crombie (then the secretary of the Vermont Agency of Natural Resources) and others, seeking relief from the state regulations. [ Green Mountain Chrysler Plymouth Dodge Jeep v. Crombie, 508 F.Supp.2d 295 (D.Vt. 2007)] (a) Under the Environmental Policy and Conservation Act (EPCA) of 1975, the National Highway Traffic Safety Administration sets fuel economy standards for new cars. The plaintiffs argued, among other things, that the EPCA, which prohibits states from adopting separate fuel economy standards, preempts Vermont's GHG regulation. Do the GHG rules equate to the fuel economy standards? Discuss. (b) Do Vermont's rules tread on the efforts of the federal government to address global warming internationally? Who should regulate GHG emissions? The federal government? The state governments? Both? Neither? Why? (c) The plaintiffs claimed that they would go bankrupt if they were forced to adhere to the state's GHG standards. Should they be granted relief on this basis? Does history support their claim? Explain.
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Clean Air Act Current scientific knowledge indicates that there is no safe level of exposure to a cancer-causing agent. In theory, even one molecule of such a substance has the potential for causing cancer. Section 112 of the Clean Air Act requires that all cancer-causing substances be regulated to ensure a margin of safety. Some environmental groups have argued that all emissions of such substances must be eliminated if a margin of safety is to be reached. Such a total elimination would likely shut down many major U.S. industries. Should the Environmental Protection Agency totally eliminate all emissions of cancer-causing chemicals? Discuss.
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QUESTION WITH SAMPLE ANSWER: Environmental Laws. Fruitade, Inc., is a processor of a soft drink called Freshen Up. Fruitade uses returnable bottles, which it cleans with a special acid to allow for further beverage processing. The acid is diluted with water and then allowed to pass into a navigable stream. Fruitade crushes its broken bottles and throws the crushed glass into the stream. Discuss fully any environmental laws that Fruitade has violated.
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Clean Water Act The Anacostia River, which flows through Washington, D.C., is one of the ten most polluted rivers in the country. For bodies of water such as the Anacostia, the Clean Water Act requires states (which, under the act, include the District of Columbia) to set a "total maximum daily load" (TMDL) for pollutants. A TMDL is to be set "at a level necessary to implement the applicable water-quality standards with seasonal variations." The Anacostia contains biochemical pollutants that consume oxygen, putting the river's aquatic life at risk for suffocation. In addition, the river is murky, stunting the growth of plants that rely on sunlight and impairing recreational use. The Environmental Protection Agency (EPA) approved one TMDL limiting the annual discharge of oxygen-depleting pollutants and a second limiting the seasonal discharge of pollutants contributing to turbidity. Neither TMDL limited daily discharges. Friends of the Earth, Inc. (FoE), asked a federal district court to review the TMDLs. What is FoE's best argument in this dispute? What is the EPA's likely response? What should the court rule, and why? [ Friends of the Earth, Inc. v. Environmental Protection Agency , 446 F.3d 140 (D.C.Cir. 2006)]
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In the early part of the first decade of the 2000s, residents of Lake Caliopa, Minnesota, began noticing an unusually high number of lung ailments among their population. A group of concerned local citizens pooled their resources and commissioned a study of the frequency of these health conditions per capita in Lake Caliopa as compared with national averages. The study concluded that residents of Lake Caliopa experienced four to seven times the rate in the frequency of asthma, bronchitis, and emphysema as the population nationwide. During the study period, citizens began expressing concerns about the large volumes of smog emitted by the Cotton Design apparel manufacturing plant on the outskirts of town. The plant had opened its production facility two miles east of town beside the Tawakoni River in 1999 and employed seventy full-time workers by 2010. Just downstream on the Tawakoni River, the city of Lake Caliopa operated a public waterworks facility, which supplied all city residents with water. In August 2010, the Minnesota Pollution Control Agency required Cotton Design to install new equipment to control air and water pollution. In May 2011, citizens brought a lawsuit in a Minnesota state court against Cotton Design for various respiratory ailments allegedly caused or compounded by smog from Cotton Design's factory. Using the information presented in the chapter, answer the following questions. What standard for limiting emissions into the air does Cotton Design's pollution-control equipment have to meet? DEBATE THIS: The courts should reject all cases in which the wetlands in question do not consist of actual bodies of water that exist during the entire year.
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CASE PROBLEM WITH SAMPLE ANSWER: Superfund. William Gurley was the president and majority stockholder in Gurley Refining Co. (GRC). GRC bought used oil, treated it, and sold it. The refining process created a by-product residue of oily waste. GRC disposed of this waste by dumping it at, among other locations, a landfill in West Memphis, Arkansas. In February 1992, after detecting hazardous chemicals at the site, the Environmental Protection Agency (EPA) asked Gurley about his assets, the generators of the material disposed of at the landfill, site operations, and the structure of GRC. Glidey refused to respond, except to suggest that the EPA ask GRC. In October, the EPA placed the site on its clean-up list and again asked: Gurley for information. When he still refused to respond, the EPA filed a suit in a federal district court against him, asking the court to impose a civil penalty. In February 1999, Gurley finally answered the EPA's questions. Under CERCLA, a court may impose a civil penalty, "not to exceed $25,000 for each day of noncompliance against any person who unreasonably fails to comply" with an information request. Should tin court assess a penalty in this case? Why or why not? [ United States v. Gurley, 384 F.3d 316 (6th Cir. 2004)]
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