Assignment 2: Using Your Manager Skills Due Week 10 And Work

Assignment 2: Using Your Manager Skills Due Week 10 and Worth 240 Points

The companies mentioned herein are merely hypothetical organizations with characteristics developed to enable students to respond to the assignment. You may create and/or make all necessary assumptions needed for the completion of this assignment. In this assignment, you, in the role of a risk manager at Simply Green Products, will draft a document that is commonly used in the business world—a memorandum to your boss. Simply Green Products is a $10 million company that produces biodegradable packing materials that orchards use in the Shenandoah Valley to transport their apples, peaches, and pears nationwide. Biodegradable materials are more eco-friendly because they break down into the environment.

Such packing materials are marketed under the name “SafePack,” which is heavily advertised in trade journals. Simply Green Products have had the name “SafePack” imprinted on all of their packing material since 2008; however, they never filed for either state or federal trademark protection. With the movement toward more eco-friendly agricultural production, the fact that such packing materials are biodegradable provides a primary marketing advantage over non-biodegradable competitors. The company president, Shep Howard, has recently become aware of several issues that may require referral to the company’s outside counsel. Because you serve as the company’s risk manager, Howard has asked you to leverage your legal and managerial skills to draft a memorandum that addresses one of the situations described below:

• An environmental group is asserting that SafePack materials are not biodegradable. In fact, the group claims that these materials are causing an environmental hazard that is seeping from a local landfill into a nearby stream. An environmental group, SafePack Materials Pollute, has launched an Internet campaign urging fruit producers to stop purchasing your packing materials. The situation raises environmental issues related to the Clean Water Act and the Solid Waste Disposal Act. Your memorandum should address these issues to help President Howard determine whether outside legal counsel is necessary.

Ensure that your memo addresses each of the following questions:

1. Discuss the elements that must be present in order to prove a valid claim under the Clean Water Act and the Solid Waste Disposal Act.
2. Determine whether Simply Green Products’ activities constitute a violation of applicable law—specifically, whether seepage of products into a stream would violate the Clean Water Act, the Solid Waste Disposal Act, or both. Explain your rationale.
3. Decide whether President Howard should refer this matter to outside counsel, providing a rationale for your decision.
4. Use at least three high-quality academic references, including your textbook, to support your analysis.

This assignment should be formatted as a formal, double-spaced, Times New Roman font size 12 letter, including a cover page with the assignment title, your name, the professor’s name, the course title, and the date. Proper APA citations are required. Follow all specific instructions provided by your professor. The draft must include citations within the text and a comprehensive reference list at the end.

Paper For Above instruction

To: President Shep Howard from: [Your Name], Risk Manager Date: [Date] Subject: Legal Considerations Regarding Environmental Claims Against SafePack Materials

Introduction

The recent allegations by the environmental group SafePack Materials Pollute concerning the biodegradability and environmental safety of our SafePack products necessitate a careful legal review. The group claims that our biodegradable packing materials are not only non-biodegradable but also cause environmental hazards by seeping from landfills into adjacent streams. These assertions threaten our company’s reputation, market share, and potentially expose us to legal liabilities under the Clean Water Act (CWA) and the Solid Waste Disposal Act (SWDA). This memorandum evaluates the elements required to establish claims under these statutes, assesses whether our activities violate legal standards, and recommends whether outside counsel should be engaged.

Legal Framework and Elements of Claims

The Clean Water Act (CWA), enacted in 1972, primarily aims to restore and maintain the integrity of the nation’s waters by preventing point and non-point source pollution, regulating discharges, and establishing water quality standards (U.S. Environmental Protection Agency [EPA], 2020). To establish a violation of the CWA, the plaintiff must prove that: (1) there is a discharge of pollutants from a point source into navigable waters; (2) the discharge is unlawful because it lacks a permit or exceeds authorized limits; and (3) the pollutant has caused or contributed to water pollution (U.S. Supreme Court, 1994). Key to liability is whether the activity involves a "discharge of a pollutant" into "navigable waters," which the statute broadly defines.

The Solid Waste Disposal Act (SWDA), amended by the Resource Conservation and Recovery Act (RCRA) of 1976, governs the management of solid and hazardous waste to protect human health and the environment (EPA, 2018). To establish a violation under SWDA, the plaintiff must demonstrate: (1) the existence of solid waste that is unlawfully disposed of; (2) improper management or handling of such waste; and (3) resulting environmental contamination. Lawful waste management, including landfilling, requires compliance with federal standards, permits, and proper containment measures (Bagley, 2015).

Assessment of Company Activities in Relation to Applicable Laws

Regarding the alleged seepage from our biodegradable materials, the central legal question is whether the physical properties and disposal practices involving SafePack materials constitute a discharge of pollutants or improper waste management under the pertinent statutes. Biodegradable materials, by definition, are designed to decompose naturally; however, if the materials contain substances that leach into water bodies, they could potentially violate the CWA if such leaching results in pollutant discharges into navigable waters. For a violation to exist, the seepage must involve a "discharge" of a pollutant from a "point source" into "navigable waters" (EPA, 2020).

In this case, if evidence shows that our landfill practices allow biodegradable packing materials or their leachates to enter streams or rivers without appropriate permits, then there is a risk of violating the SWDA and possibly the CWA. Notably, the biodegradability aspect does not exempt us from environmental regulations if the materials or associated waste management practices result in contamination. The timing, method, and containment of waste disposal procedures are critical factors in establishing liability.

Should This Matter Be Referred to Outside Counsel?

Given the complexity of environmental law and the potential for significant liability, I recommend referring this matter to outside legal counsel with expertise in environmental regulations. The issues involve nuanced statutory interpretations, investigation of waste management practices, and potential defenses relating to the natural decomposition of biodegradable materials. Outside counsel can conduct a thorough review of our landfill operations, evaluate environmental testing data, and advise on compliance measures or possible legal defenses. Moreover, if litigation or administrative enforcement proceedings ensue, specialized legal representation would be necessary to protect our interests and mitigate risks (Bagley, 2013).

In conclusion, engaging outside counsel will ensure that our legal position is thoroughly assessed, compliance strategies are robust, and we are prepared to address any regulatory or legal actions stemming from these allegations.

References

• Bagley, C. E. (2013). Managers and the legal environment (7th ed.). South-Western Cengage Learning.
• Environmental Protection Agency. (2018). Resource Conservation and Recovery Act (RCRA). https://www.epa.gov/rcra
• Environmental Protection Agency. (2020). Clean Water Act (CWA). https://www.epa.gov/laws-regulations/summary-clean-water-act
• U.S. Supreme Court. (1994). Judicial interpretations of the Clean Water Act.