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Recognizing and Minimizing Tort and Regulatory Risk Paper

Recognizing and Minimizing Tort and Regulatory Risk Paper -...

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Recognizing and Minimizing Tort and Regulatory Risk Hector Sierra University of Phoenix Law 531 Businesses deal with tort liability and management in the day to day operations. Minimizing tort liability is a key factor in operating a successful business. Alumina Inc., has developed a plan to prevent, identify and implement corrective measures for handling tort liabilities. Recognizing and Minimizing Tort and Regulatory Risk Alumina Inc. is a $4bn U.S. based international aluminum company with eight locations worldwide. Alumina Inc. falls under certain government regulatory agencies and laws such as The Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), and CERCLA. Alumina Inc. was reported to be in violation of environmental discharge five years ago. Even though Alumina Inc. corrected the violation, Alumina Inc. still faces a possible bad reputation because of this incident. Alumina Inc. has had a good record ever since that incident was corrected. A local resident of the community named Kathy Bates has accused the company of repeatedly contaminating the waters of Lake Dira before. Kathy Bates has now filed a complaint against Alumina Inc. in regards to suspicion that her daughter contracted leukemia due to the consumption of contaminated water. This complaint calls for an investigation of the company’s practices with regard to the Clean Water Act of 1972. However, traffic is causing water pollution in Lake Dira as well. Increased traffic is poisoning the waters of
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Lake Dira with polycyclic aromatic hydrocarbons (PAHs) as much as hundred times greater than pre-urban conditions and pose a danger to animal, aquatic, and human life. While the fact remains that Alumina Inc. did violate the PAH discharge norms five years prior, the state has become heavily industrialized. The individual study that Alumina Inc. proceeded to conduct revealed that they were well within the standards, which leads to believe that Alumina Inc. is not fully responsible for the contamination. The EPA has implemented pollution control programs such as setting wastewater standards for industry and has also set water quality standards for all contaminants in surface waters. Under the provisions of this law, Kathy Bates’ complainant can
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