Discussion 12: EPA Cases
Go to the EPA’s Enforcement web page (链接到外部网站。)
– – and research one of its recent enforcement actions.
- Take a look at what your classmates have posted and pick a different case. Make sure it is an enforcement action against a company or government (e.g. a city).
- State the name of the party and the nature of the enforcement action. Summarize the case. What are your thoughts on it?
- Three page or three half
(In Introduction to Business Law, read the following:
CH 25 – Environmental Law pp. 482-500
CH 26 – Accountants’ Liability pp. 501-518)
If you haven’t already, please review the Module Overview page, read the reading assignments, listen to the lectures/presentations.
These are three short essay questions. Answers can be found in the reading assignments and lectures. (Do not use outside resources to answer these questions.)
Please use bullet points if appropriate. For example, if a question asks for three things, use this format to answer –
- First point.
- Second point.
- Third point.
Question #1 (5 points):
You are the development manager for a developer of commercial distribution centers. While surveying a new development site in Butler County near Gregory Creek (which is considered a federal navigable waterway), you step into a swampy field and get your boots muddied. You also find ten rusted barrels of an unknown liquid substance in the corner of the site – two of which appear to have a leak. While accessing the contents of the barrels, you notice a small reptile that you’ve never seen before wading in a puddle.
- Based on these facts, what specific federal environmental laws will you need to investigate in order to develop the site?
- For each statute, give your reason why. Point back to the relevant facts that would bring that statute into consideration.
Question #2 (5 points):
- When must an environmental impact statement be prepared?
- What are the specific items that it must discuss?
- In your view, why are each of these items considered necessary?
Question #3 (5 points):
- Under Sarbanes-Oxley, list the three events that an auditor would need to report to the audit committee of the client’s board of directors. Why do you think it is important for each of these three events to be reported?
- List the three actions involved if an auditor suspects a client has committed an illegal act. Why do you think that each of these actions are considered necessary?
Note: this isn’t a trick question. The answer to the two parts of the question are in different sections of the text and lecture.
- Half page
You Be the Judge 12: Central Arizona Water Conservation District v. EPA
Read the “You Be the Judge” on p. 485 of the text. It is the case of Central Arizona Water Conservation District v. EPA.
Review the facts, and the arguments of each party in the case.
- the main issue(s) in the case (don’t just reiterate the facts; instead consider what point of law needs to be decided); and
- as the judge, decide for one party or the other. State your reasoning. Try to go beyond reiterating the argument given in the text. Also, don’t rely on your instinct. Apply the law.