Alumina

Alumina

Law/531

May 3, 2010

Teresa Knox

Alumina

Alumina manufactures automotive components and manufacturing of packaging materials, bauxite mining, alumina refining, and aluminum smelting. Alumina operates eight countries around the world. About 70% of sales come from the United States. Up until about five-years ago, Alumina had a good reputation. Alumina has worked hard to keep in compliance with the Environmental Protection Agency. The company was in violation of discharge norms during a routine EPA audit. This paper recognizes different facts and legal issues of regulations involved in the situation. The right decision for the company without any damages will to be made.

Alumina was reported to be in violation of environmental discharge norms in a routine EPA compliance evaluation inspection five-years ago (US, Environmental Protection Agency, 2009). Kelly Bates accused Aluminia, Inc. of consistent contaminating the waters of lake Dira with carcinogenic effluents. She has suspected that consumption of the contaminated water is the contiguous cause of her 10-year-old daughter’s leukemia. Bates also alleges that her daughter’s disease may be as old as the Alumina’s first occurrence of environmental law violation. Besides this incident, no other one has occurred. The company has enjoyed a good overall environmental regulation compliance record (UOP Business Stimulation).

Tort Liability is a legal issue found in this case. Negligence damages (Element 5):Damages on incurred on Kelly by Alumina. Kelly Bates accusing Alumina Inc. of environmental negligence, by repeatly contaminating waters, which caused her daughter to develop leukemia. This is the main reason that Kelly does have strong chance of winning this lawsuit if it were to make it to court because this law addresses and provides remedies for civil wrongdoings not arising out of contractual obligations. One thing Kelly could do to help her win the case in court is...