Love Canal Essay Research Paper May 15
Love Canal Essay, Research Paper
May 15, 2001
There are some of import legal facets to the Love Canal instance. Many civil actions or civil wrongs were brought against Hooker/Occidental during and after the Love Canal incident. By nineteen-eighty, Occidental faced over two billion dollars in cases chiefly from Love Canal but besides from misdemeanors in other parts of the state. Assetss would be sold off and all the people would merely acquire a small spot of money and the authorities would be stuck with the killing.
This two billion dollar figure includes all the punitory harm instances brought about by persons every bit good as the cases filed by the federal, province, and metropolis functionaries. Much of these figures were intentionally inflated so when they were negotiated down the complainants would still acquire a sensible sum of money. This figure besides included both punitory and compensatory amendss. The tribunals finally found that Occidental was apt for merely compensatory amendss.
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Occidental was non held accountable for punitory amendss because a federal tribunal justice found that they had non acted with & # 8220 ; reckless or motiveless neglect of safety or rights & # 8221 ; . This is one of the criterions that must be proved along with carelessness to go on with punitory harm cases. This determination besides lowered the sum of the cases well so Occidental could afford to pay some of the amendss.
Companies are usually held to strict liability when it comes excessively toxic dumping. This means if the chemicals are at that place illicitly than it is the company who is responsible for them. In this instance the company is at least partially responsible but the school board and metropolis of Niagara Falls besides acted negligently. Why so weren & # 8217 ; t they sued every bit good? The reply lies in the deep pockets theory of civil wrongs. This theory says action the biggest company with the most money. Since toxic dumping is held in rigorous cubic decimeter
iability, Hooker admitted seting the chemicals at that place, and they have a batch of money, they were the perfect mark for all the immense cases that followed.
Another of import legal construct involved in this instance is the slippery incline thought. This is an of import incentive for authorities bureaus like the Environmental Protection Agency ( EPA ) , to modulate pollutants and force companies in misdemeanor to clean up their act. This construct fundamentally says if you give an inch they take a stat mi. It is of import to travel after big companies and do certain they are following the regulations and clean up their musss so that they don & # 8217 ; t go environmental hogs dumping tuns of chemicals into our delicate environment.
After old ages of judicial proceeding Occidental eventually paid the authorities 129 million dollars for killing of the Love Canal sight. They paid 102 million into the Superfund program and 27 million to the federal authorities on behalf of the Federal Emergency Management Agency. This was in compensation for the money the authorities spent in declaring Love Canal a province of exigency. One legal loophole that is non widely publicized is that for the money put into the Superfund program by Occidental 64.5 million could be given back to them in the signifier of a revenue enhancement recognition. This involves legal maneuvering to acquire Occidental to settle the instance taking a batch of political emphasis. And the authorities will acquire some money to assist the clean up.
Throughout this instance there was a batch of legal maneuvering every bit good as political force per unit area put on the legal system. It was an emotionally charged instance with multiple parties responsible for the love canal catastrophe but at the clip the dangers were non every bit clear as they are now. It & # 8217 ; s a batch easier to look back and knock than it is to do the best determinations as one goes along. Regulative bureaus like the EPA and FEMA are so of import in protecting Americans from companies in misdemeanor of environmental Torahs.