Chapter $45$ Chapter Questions

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Available Feb $29$ at $12$am $-$ Mar $22$ at $11$:$59$pm

$13$

Atlantic Cement operated a large cement plant. Neighboring landowners sued for damages and an injunction, claiming that their properties were injured by the dirt, smoke, and vibrations coming from the plant. The lower court found that the plant constituted a nuisance the granted temporary damages but refused to grant an injunction because the benefits of operating the plant outweighed the harm to the plaintiffs' properties. The landowners appealed. Does the plant constitute a nuisance? Should it be shut down? Explain.

Seindenberg and Hutchinson $($the site owners$)$ leased a four$-$acre tract of land $($the Bluff Road site$)$ to a chemical manufacturing corporation $($COCC$).$ While the lease initially was for the sole purpose of allowing COCC to store raw materials and finished products in a warehouse on the land, COCC later expanded its business to include the brokering and recycling of chemical waste generated by third parties. COCC's owners subsequently formed a new corporation, South Carolina Recycling and Disposal, Inc. $($SCRDI$),$ for the purpose of taking over COCC's wastehandling business. The site owners accepted rent from SCRDI. The waste stored at Bluff Road contained many chemical substances $t$ hat federal law defines as hazardous. Subsequently, the Environmental Protection Agency concluded that the site was a major fire hazard. The federal government contracted with a third party to perform a partial cleanup of the site. The state of South Carolina completed the cleanup. The federal government and the state sued SCRDI, COCC, the site owners, and three third$-$party generators as responsible parties under the Resource Conservation and Recovery Act and Comprehensive Environmental Response, Compensation, and Liability Act. Explain whether the federal government and the state of South Carolina will prevail.

The state of $Y$ submits a plan under the Clean Air Act to attain national ambient air q uality standards. Can the Environmental Protection Agency administrator deny approval of the state plan because it is $($a$)$ less stringent or $($b$)$ more stringent than the agency believes is feasible? Explain.