Quiz 46: Antitrust Law
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 case discusses about the growing lung ailments among the residents of L Calipa. A study was conducted by a group of concerned people under which it was found that large volumes of smog is emitted by C design apparel manufacturing plant. To establish a common law cause of action for nuisance, each plaintiff would have to identify individual ailments caused by the pollution, separating it from other diseases that have affected the general public. In other words, plaintiffs would need to show how each of them was individually affected by C Design's emissions.
There are three federal environment laws that F may have violated if they are acting without a permit. 1) A violation of the River and Harbor Act of 1972, as amended, since the dumping is taking place in a navigable waterway. 2) A violation of the Clean Water Act of 1976, which protects swimming waters and wildlife and pollutants. Here, glass and acid are the pollutants triggering the act. 3) The Toxic Substances Control Act of 1976, which controls toxic chemicals having an effect on humans or the environment. The cleaning chemical could fall under this act.