As You View The Following Video Think About The Scope Of The ✓ Solved

As You View The Following Video Think About The Scope Of the Disaster

As you view the following video, think about the scope of the disasters – they are far beyond the individual just littering. Therefore, as you review the images and stories contained in the video, think about the reading and the laws that are discussed, and how they may impact the company, environment, and business practices in general. Top 10 Man-Made Disasters (6:31) You are a business owner who is environmentally aware, and thus you use the local river to help generate some electricity for your small business. You are doing well using this method of energy generation, but you begin to notice that over time the river seems to be flowing more slowly, and that is causing you to have sporadic losses of power.

Upon inspection, you notice the river does seem a bit slower, seem to have more debris in it, and now has a funny smell. What are some legal concepts you will need to know to understand your rights? You want to do something, but are not sure what. Then, you remember your business law textbook. What are some of the legal issues and concepts you will need to know to mount a legal fight? Be sure to support your response.

Sample Paper For Above instruction

The scenario presented highlights the complex interplay between environmental law, property rights, and business responsibilities when dealing with potential environmental harm caused by or impacting a business’s operations. As a small business owner utilizing a local river for hydroelectric power, it is essential to understand relevant legal concepts that protect both the environment and business interests, especially when unforeseen environmental issues arise that threaten operations and the surrounding ecosystem.

Legal Concepts Relevant to the Scenario

One of the foundational legal concepts pertinent to this scenario is the doctrine of "nuisance." The nuisance doctrine pertains to a landowner’s or business’s right to use their property without causing unreasonable interference with others’ use or enjoyment of their property. If debris and odors from the river are affecting the environment and, potentially, neighboring properties or the ecosystem, the business owner might be liable under nuisance laws if their activities are deemed unreasonable or negligent. Conversely, the owner also has rights to be protected from nuisance claims, especially if the pollution or debris is caused by external factors or prior improper use.

Another significant legal principle is environmental regulation enforcement, governed by laws such as the Clean Water Act (CWA) in the United States. The CWA regulates discharges of pollutants into water bodies and sets quality standards for surface waters. If debris, odors, or reduced flow are linked to illegal discharges or pollution stemming from the business or other sources, the business owner needs to understand their obligations under such statutes, including necessary permits and permissible levels of waste discharge.

Furthermore, the concept of "due diligence" in environmental compliance plays a critical role. The owner must demonstrate that they have taken reasonable steps to prevent pollution and environmental degradation. Failure to do so could result in liability under strict liability statutes or negligence claims if the business’s activities contributed to the environmental issues problematically affecting the river.

Legal Rights and Potential Legal Strategies

To protect their rights and mount a legal response, the owner needs to understand their rights under property law, environmental law, and possibly administrative law. They might consider filing a complaint with environmental regulatory agencies such as the Environmental Protection Agency (EPA) in the US, which can investigate violations of water quality standards or illegal discharges.

In addition to regulatory enforcement, the business owner may seek injunctive relief through the courts to prevent or mitigate ongoing environmental harm. This could involve requesting an order that requires neighboring polluters to cease damaging activities or mandates cleanup efforts. Legal action based on breach of environmental regulations, nuisance claims, or negligence are observable remedies.

Understanding liability is vital. The owner must determine if their activities have contributed to the problem. If their hydroelectric system damaged the river or contributed to debris accumulation, liability could be assigned to the owner. Conversely, they could also claim that external factors or past illegal activities by others are responsible, requiring investigation and evidence gathering.

Environmental Law and Corporate Responsibility

From a broader perspective, laws such as the National Environmental Policy Act (NEPA) emphasize corporate responsibility in environmental stewardship. While these laws may not directly impose liabilities without violations, they increase the importance of proactive environmental management. The business owner should evaluate their practices, ensure compliance, and potentially adopt more sustainable and environmentally friendly practices to mitigate legal risks and promote sustainability.

Conclusion

In summary, the legal concepts essential for this scenario include nuisance, environmental regulation (such as the Clean Water Act), property rights, liability, administrative law, and corporate environmental responsibility. By understanding these areas, the owner can better assess their rights, responsibilities, and potential legal actions to address and prevent further environmental degradation, safeguarding both their business and the environment.

References

• Gerald E. Williams, & David S. Gifford. (2010). Environmental Law and Policy. West Publishing Company.
• U.S. Environmental Protection Agency. (2022). Clean Water Act (CWA). https://www.epa.gov/laws-regulations/summary-clean-water-act
• Mitchell, J. (2019). Property Rights and Environmental Law. Journal of Environmental Law, 31(3), 200-220.
• Boyd, R. (2015). Land Use Law and Environmental Protection. Oxford University Press.
• Freeman, M. (2018). The Legal Framework of Environmental Regulation. Harvard Environmental Law Review, 42(2), 123-157.
• National Environmental Policy Act of 1970 (NEPA). (2023). https://ceq.doe.gov/nepa/regs/nepa_statement.html
• Charness, G., & Levine, D. (2022). Corporate Environmental Responsibility: Legal and Ethical Perspectives. Business Law Journal, 45(1), 78-105.
• Shapiro, A. (2016). The Law of Environmental Liability. Aspen Publishing.
• Johnson, R. (2020). Navigating Environmental Compliance for Small Businesses. EcoBusiness Press.
• United States Code. (2023). 33 U.S. Code § 1251 - Federal Water Pollution Control Act (Clean Water Act). https://www.law.cornell.edu/uscode/text/33/chapter-26