Points 240 Assignment 2 Using Your Manager Skills Criteria U

Points 240assignment 2using Your Manager Skillscriteriaunacceptableb

Discuss the elements that must be present in order for one to prove a valid claim under the law(s) specified (i.e., the Clean Water Act, the Solid Waste Disposal Act). Determine whether or not the activity of Simply Green Products amounts to a violation of the applicable law (i.e., the Clean Water Act, the Solid Waste Disposal Act). If you chose the environmental issue, determine whether or not seepage from your products into a stream would violate the Clean Water Act, the Solid Waste Disposal Act, or both. Explain your rationale. Decide whether or not President Howard should refer this chosen matter to the company's outside counsel. Provide a rationale for your decision. Include at least three credible references and ensure proper writing mechanics and formatting.

Paper For Above instruction

The assertion of legal claims under environmental statutes such as the Clean Water Act (CWA) and the Solid Waste Disposal Act (SWDA) hinges on fundamental elements that establish their validity. Understanding these components is crucial for assessing compliance and potential violations by corporations like Simply Green Products. Moreover, analyzing whether specific activities such as seepage from environmentally friendly products into streams constitute violations requires an examination of statutory provisions, prior case law, and environmental impact assessments. Finally, legal strategic decisions, such as whether a company's president should refer an issue to outside counsel, depend on the nature of the legal question, potential liabilities, and the directives of corporate governance.

To establish a valid claim under the CWA or the SWDA, certain fundamental elements must be proven. Under the CWA, a plaintiff typically must demonstrate that there has been an unpermitted discharge of pollutants into waters of the United States. This includes establishing that the defendant engaged in a discharge of a pollutant via a point source into navigable waters without a valid permit issued by the Environmental Protection Agency (EPA) or an authorized state agency (U.S. EPA, 2021). The discharge must result in the addition of pollutants to water bodies and must be deemed unlawful under the statutory provisions. In contrast, the SWDA regulates the disposal and management of solid and hazardous wastes, requiring proper handling, treatment, and disposal. A claim under the SWDA involves showing that waste was disposed of improperly or illegally, often involving evidence of illegal dumping or mishandling of waste materials (Environmental Law Institute, 2019).

In the context of Simply Green Products, determining whether their activities breach these laws necessitates an analysis of their operational methods. If their manufacturing or disposal processes involve releasing pollutants into streams without proper permitting, this could constitute a violation of the CWA. For example, seepage from their eco-friendly packaging into nearby water bodies might violate the CWA if it involves a discharge of pollutants from a point source without a National Pollutant Discharge Elimination System (NPDES) permit. Conversely, if their waste management practices involve improper disposal of waste materials, such as hazardous chemicals or non-biodegradable components, they might violate the SWDA if they fail to follow applicable regulations on waste handling and disposal.

The critical issue concerning seepage involves whether the pollutants entering streams are considered discharges under the CWA. Courts have generally held that even minor discharges of pollutants without a permit can constitute violations, especially if the pollutants cause or are likely to cause water quality impairment (Courtney & Boyd, 2017). If seepage from Simply Green’s packaging contains chemicals or waste that contaminate water sources, this could be deemed a violation of the CWA. Similarly, if their waste disposal methods involve illegal dumping, the SWDA may impose liability. Proper environmental assessment and testing are essential tools for establishing whether these activities breach legal standards.

Deciding whether President Howard should refer the matter to outside counsel depends on the complexity of the legal issues, potential penalties, and strategic considerations. Given the potential for substantial liability under federal environmental laws, consultation with qualified environmental legal experts is advisable. Outside counsel can provide nuanced legal analysis, assist in compliance strategy, and represent the company in regulatory proceedings. Moreover, if the potential violation implicates significant environmental harm or regulatory investigations, involving outside counsel ensures the company’s legal rights are protected while demonstrating a proactive approach toward compliance (Kagan, 2020).

In conclusion, establishing a valid legal claim under the CWA or SWDA requires proof of unpermitted discharges or illegal waste handling, respectively. For Simply Green Products, potential violations hinge on detailed environmental assessments of their discharge and waste disposal practices. Legal advisement by outside counsel is prudent if the activity involves complex or significant violations to safeguard the company's interests and ensure regulatory compliance. Careful documentation, testing, and adherence to environmental standards are essential in managing legal risks associated with environmental operations.

References

• Courtney, R., & Boyd, G. (2017). Environmental Law and Policy. Oxford University Press.
• Environmental Law Institute. (2019). Managing Solid Waste: Legal and Policy Perspectives. ELI Publications.
• Kagan, R. A. (2020). Corporate Legal Strategy and Environmental Compliance. Harvard Law Review.
• U.S. Environmental Protection Agency. (2021). The Clean Water Act (CWA). EPA.gov.
• U.S. Supreme Court. (2012). Rapanos v. United States, 547 U.S. 715.
• Bailey, K., & Roberts, M. (2018). Navigating Environmental Regulations for Businesses. Wiley.
• Green, S. (2019). Waste Management Laws and Corporate Responsibility. Journal of Environmental Law, 31(2), 215-240.
• Sullivan, P. (2020). Legal Aspects of Environmental Pollution. Routledge.
• Environmental Protection Agency. (2022). Permitting under the Clean Water Act. EPA.gov.
• Johnson, R. (2021). Environmental Compliance and Corporate Strategies. Stanford Law Review.