Ethics Law Essay

Length: 2 pages Sources: 2 Subject: Business - Law Type: Essay Paper: #85624723 Related Topics: Environmental Ethics, Tort Law, Common Law, Legal Briefs
Excerpt from Essay :

Legal Ethics Surrounding the Love Canal Tragedy

Love Canal Law/Ethics

In 1979, the U.S. Environmental Protection Agency (EPA) filed a lawsuit against Hooker Chemical Company and its parent corporation, Occidental Petroleum (EPA, 1979). The Department of Justice (DOJ), acting on behalf of the EPA, charged these corporations with creating an imminent and substantial danger to health and the environment, by violating the Resource Conservation and Recovery Act, Clean Water Act, Safe Drinking Water Act, Refuse Act, and the common law of nuisance. In 1995, 16 years after the suit was filed, Occidental agreed to pay the requested amount for cleanup and resident relocation costs (DOJ, 1995).

Congress reacted to the environmental and health disaster by enacting Superfund legislation, which contained a provision making polluters retroactively liable. However, the concept of retroactive liability has been a source of controversy for legal and ethical reasons. This essay will examine the legal/ethical issues of responsible party attribution surrounding the Love Canal tragedy.

The Blame Game

Occidental's reaction to the DOJ lawsuit was to file a countersuit alleging government responsibility, because risk. Whether the board of education paid any attention to the explicit and implied warnings is unknown, but someone made a huge mistake when they built a school on the landfill.

Lercher (2004) defines negligence as failing to act when the means to do so are available and it is appropriate, and when not doing so increases the risk of harm substantially. The determination of liability depends on the concept of reasonableness, or what a reasonable person would have done in the same situation. Ignorance, although…

Sources Used in Documents:

References

DOJ (U.S. Department of Justice). (1995). Occidental to pay $129 million in Love Canal settlement. Justice.gov. Retrieved 16 Nov. 2012 from http://www.justice.gov/opa/pr/Pre_96/December95/638.txt.html.

EPA (U.S. Environmental Protection Agency). (1979). U.S. sues Hooker Chemical at Niagara Falls, New York. EPA.gov. Retrieved 16 Nov. 2012 from http://www.epa.gov/history/topics/lovecanal/02.html.

Lercher, Aaron. (2004). Is anyone to blame for pollution? Environmental Ethics, 26, 403-410.

Regional Institute. (2008). Policy Brief: Thirty years from Love Canal. Institute.Buffalo.edu. Retrieved 16 Nov. 2012 from http://regional-institute.buffalo.edu/Includes/UserDownloads/PolicyBrief_LoveCanal_Aug08.pdf.


Cite this Document:

"Ethics Law" (2012, November 16) Retrieved August 11, 2022, from
https://www.paperdue.com/essay/ethics-law-107112

"Ethics Law" 16 November 2012. Web.11 August. 2022. <
https://www.paperdue.com/essay/ethics-law-107112>

"Ethics Law", 16 November 2012, Accessed.11 August. 2022,
https://www.paperdue.com/essay/ethics-law-107112

Related Documents
Ethics Law Case Critical Thinking
Words: 1206 Length: 4 Pages Topic: Careers Paper #: 19118609

Ethics, Law Case, Critical Thinking Title VII of the Civil Rights Act permits retaliation claims because they help to prevent situations in which workers who are unlawfully discriminated against pursue those discrimination law suits. Were Title VII of this act not to permit retaliation claims, then there is a possibility that Regalado would have dropped her law suit of discrimination against the company both she and her husband worked for, just

Ethics Case Study: To Rescue Others at
Words: 994 Length: 3 Pages Topic: Business - Ethics Paper #: 82855165

Ethics Case Study: To Rescue Others at What Risk? What is the Ethical Dilemma? An ethical dilemma in the words of Fletcher, Holt, Brazier, & Harris (1995) "occurs when there are at least two possible courses of action that may be taken but each option is problematic" (p.7). With regard to the case study under consideration, the ethical dilemma each and every individual who has succeeded to make it to the roof

Ethics and Decision Making a Definition of
Words: 2275 Length: 6 Pages Topic: Business - Ethics Paper #: 50862356

Ethics and Decision Making A definition of ethics broadly stated could be as that 'ethics is the science that deals with conduct in so far as this is considered as right or wrong, good or bad.' (Shapiro; Stefkovich, 2001) The word 'Ethics' has its root in the Greek language where ethos was the word used for a custom or usage for individual groups. This later moved on to mean the general

Ethics and Regulation in the Professional Asset Management Industry...
Words: 1038 Length: 3 Pages Topic: Economics Paper #: 51599402

Ethics and Regulation in the Professional Asset Management Industry Asset management is an operation that involves the diligent management of the investor's funds in a professional way. The asset manager thus is an agent hired to do the job on account of his or her peculiar financial ability. Professional firms that are into asset management thus have duties not only to the investors, but also to the stock market, the financial

Ethics in Law Enforcement
Words: 2406 Length: 8 Pages Topic: Criminal Justice Paper #: 41080264

Ethics in Law Enforcement Ethics are what almost anyone would define as a person's determination between what is good or bad, or more accurately what is right or wrong. Although many of these attitudes can be a product of parenting or other factors in one's maturing environment, ethical decisions could also be a product of environmental factors that are outside of the control of individuals. It is difficult to determine where

Business Ethics Law
Words: 2647 Length: 9 Pages Topic: Careers Paper #: 91700808

Business Ethics and Law Over the last several years, the issue of ethics and legal challenges has been increasingly brought to the forefront. This is because globalization has created a change in the way firms are interacting with employees. Over the course of time, this has resulted in firms outsourcing jobs to key locations (which have lower labor costs). This has given executives greater amounts of flexibility in determining: what is