Alumina-Lake Dira Pollution Problem

Alumina-Lake Dira pollution problem

Tiwanna Crawford

LAW/531

Professor Fox

September 21, 2009

Issues | Principles | Results |

Five years ago, Alumina was in violation of environmental discharge norms. The PAH concentration was above prescribed limit. A clean up was ordered by the EPA. | Violation of the EPA code, regulatory compliance with mandated levels of chemical allowed in the water. | Alumina complied immediately, and the follow up audit done by the EPS indicated that the violation was corrected. |

Kelly Bates a local resident has claimed Alumina is repeatedly contaminating the waters of Lake Dira & is responsible for her daughter’s leukemia. | Tort – civil wrong resulting in damages that are recoverable. Also violation of EPA code. | Decision to conduct an independent site study, which determines that the PAH levels are below the norms required by the EPA |

The Erehwon Reporter and Kelly Bates have requested a copy of the EPA audit from five years ago that documented the EPA violation. | Freedom of Information act permits citizens to request information related to federal agencies and corporations. | Decision to allow partial release of environmental report. Withholding parts of the report that are considered confidential business material allows Alumina to maintain its competitive edge. |

Kelly Bates threatens to file a multi-million dollar lawsuit against Alumina seeking both punitive and compensatory damages, claiming that Alumina’s contamination of the water from Lake Dira is the cause of her daughter’s leukemia. | Negligence is basis for her law suit | Decision to ask AAA to arbitrate a settlement with Kelly Bates. A skilled mediator was able to produce a win-win situation for Alumina and Kelly Bates. A confidential settlement was reached, at a fraction of the cost of a trial. In addition, Alumina’s public relations nightmare was abated. |

The goal of this paper is to identify the regulatory and legal issues in the Alumina...