Chapter 25 - Environmental Law
Practical Internet Exercise 25-1:
Legal Perspective—Nuisance Law
Instructions: The Web page link below will take you to an article by Stewart E. Sterk that was published in the New York Law Journal. The article discusses some of the leading decisions of the New York Court of Appeals (that state's highest court) over the last 150 years. On the page that opens, find the section titled, “Nuisance Law” and answer Questions 1–3.
Visit URL:
New York Law Journal Article on Nuisance Law
http://www.courts.state.ny.us/history/elecbook/thereshallbe/pg62.htm
Questions and Answers
Answer the following questions in the fields below.
Question 1: Briefly describe the background and facts in the case, Boomer v. Atlantic Cement Co., and the issue before the court. Prior to this case, what was the established New York law on this issue?
Question 2: How did the New York Court of Appeals rule in the Boomer case? Why did the court depart from established New York law?
Question 3: Why is this case important? Why has it been, in the author's words, "the subject of enormous attention"?
Practical Internet Exercise 25-2:
Management Perspective—Complying with Environmental Regulations
Instructions: One of the difficult tasks facing most business owners and managers is keeping up with the many environmental regulations and making sure that their companies do not violate these regulations. The U.S. Environmental Protection Agency (EPA) offers a host of compliance assistance resources for businesses.
Click on the link to the EPA Compliance Page and review all the links under “Compliance Assistance.” Then answer Questions 1 and 2.
The EPA also offers compliance incentives and auditing to small businesses. Go to the second URL on Small Business Compliance and Enforcement and explore the various links for small business compliance incentives and information. Then answer Questions 3 and 4.
Visit URLs:
EPA Compliance Page
http://www.epa.gov/compliance/index-c.html
Small Business Compliance and Enforcement
http://www.epa.gov/compliance/incentives/smallbusiness/index.html
Questions and Answers
Answer the following questions in the fields below.
Question 1: The EPA offers compliance assistance by statute. What are the eight statutes covered by the EPA?
Question 2: Compliance Assistance Centers throughout the country support several “sectors”. What is the definition of a “sector”? List a few of the sectors featured, and then think about what types of businesses would fall under these certain sectors and jot down your list.
Question 3: What is the purpose of the Small Business Compliance Policy?
Question 4: If you were a business owner, which of the compliance incentives and resources listed on this Web page would you find most useful or helpful? Why?
Practical Internet Exercise 25-3:
Ethical Perspective—Environmental Justice
Instructions: Over the last two decades or so, concerns about "environmental justice" have come to the forefront. The Web site developed by the Environmental Justice Resource Center at Clark Atlanta University seeks to educate others about environmental justice and some of the current topics involved.
Go to the Environmental Justice Resource Center link. In the middle column under the "Learn About Environmental Justice" heading, in the drop-down menu, click on Principles of EJ. Read through the principles listed here and answer Question 1.
Next, click on the link to the Web page entitled The Problem of Disproportionate Burden. This will take you to the Web site for the University of Michigan's School of Natural Resources and Environment. Review the background materials on the page that appears and answer Questions 2 and 3.
Lastly, click and review the "Key Research and Policy Issues Facing Environmental Justice link, which provides an article by Professor Bunyan Bryant of the University of Michigan's School of Natural Resources and Environment. Then answer Questions 4–6.
Visit URLs:
Environmental Justice Resource Center
http://www.ejrc.cau.edu
The Problem of Disproportionate Burdens
http://www.umich.edu/~snre492/index.html
Key Research and Policy Issues Facing Environmental Justice
http://www-personal.umich.edu/~bbryant/Interview.html
Questions and Answers
Answer the following questions in the fields below.
Question 1: Summarize three principles that you personally feel are the most important on that list.
Question 2: How does this page define "environmental justice"? What is "environmental racism"? What is "environmental equity"?
Question 3: Then at the top of the page, click on the link to Environmental Justice Case Studies. Select one case study from the list on the page that opens and browse through it. What issues are involved in this case study? Do you agree with the author's recommendations? Why or why not?
Question 4: What are LULUs? How does Professor Bryant respond to the argument that income is a greater explanatory variable than race in determining where pollution sources are located?
Question 5: How have Germany and Japan's stringent environmental regulations impacted business practices?
Question 6: How does Bryant respond to the argument that building incinerators or landfills provides jobs and economic growth for local communities?