Dispute Resolution

Alumina Inc is located on Lake Dira, located in the state of Erehow. Alumnia is a global organization that has business interest in automotive components and manufacture of packaging materials, bauxite mining, alumina refining, and aluminum smelting. Five years ago Alumina has a reported to be violation of environmental discharge norms. A clean up was ordered which Alumina responded to promptly, and since they have had a good overall compliance record. However, Kelly Bates has accused Alumina in the Eerwhon Reporter of contaminating the waters of Lake Die with carcinogenic effluents and has caused her 10 year old daughter’s leukemia. This has Aluminia thinking about how to minimize their tort risk, “The law provides remedies to persons and businesses that are injured by the tortuous actions of others. Under tort law, an injured party can bring a civil lawsuit to seek compensation for a wrong done to the party or to the party’s property. Many torts have their origin in common law. The courts and legislatures have extended tort law to reflect changes in modern society.” (Cheeseman, 2010). Alumina was cleared by the EPA but due to legislation in The Clean Water Act they could be found negligent in this case. Kelly Bates lawyers could use The Safe Drinking Water Act as a defense,” The act prohibits the dumping of wastes into wells used for drinking water. The states are primarily responsible for enforcing the act. If a state fails to do so, the federal government can enforce the act.” (Cheeseman, 2010). Alumina decided to run their test on the water in Lake Dira, and the PAH levels are lower than prescribed. This ties into the Toxic Substance Control Act, requires manufacturers and processors to test new chemicals to determine their effects on human health and the environment and to report the results to the EPA before the chemicals are marketed.” (Cheeseman, 2010). There is a thought that traffic could be the cause of the pollution because PAH found to be 100...