Landfill Case Study

In Mantua Township, Gloucester County, New Jersey, privately owned land once stood as one of the most hazardous waste sites in the United States. This site known as the Helen Kramer Landfill included 66-acres of waste, 11 acres of unfavorably conditioned vegetation, and no onsite residents. Prior to the early 1960’s, Helen Keller landfill was a sand and gravel excavation operation, but soon began to incorporate the disposal of waste material for about a decade. After the landfill received numerous inspections and notices between 1971 and 1977, the owner Helen Kramer was informed to cease operation of the landfill. As New Jersey Department of Environmental Protection reports indicated and area residents stated, “sporadic chemical

The court relied on the plain language of the statute as well as the statute of frauds, MCL 566.106. Specifically, the court held that the right to construct “need not be built” units is eliminated by operation of law and that a property interest created by operation of law is not subject to the statute of frauds. As such, the court granted summary disposition in favor of the Cove Creek Condominium Association and held that the “need not be built” units ceased to exist and that the defendants could not withdraw the undeveloped land from the condominium in 2016.

The decision of the Fifth Circuit Court of Appeals should be affirmed. The state of Eastland’s waste disposal regulation is neither discriminatory nor protectionist. Historically, businesses and professionals know that licensing requirements and authority belongs solely to states and local governments. A state government does not violate the commerce clause when it sets licensing requirements for incineration and interment of fetal tissues pursuant to its autonomy and police powers in carrying out local activities that has always been its traditional functions to ensure the health and safety of its citizens. Also, a state acts legitimately and fairly when having properly taxed its citizens towards the provision of a safe means of disposal of

In 1953, Hooker Chemical sold this dump site, which it attempted to fix by covering with layers of red impermeable clay, to the Niagra Falls School Board for the amount of $1, due to the knowledge of the harmful toxins within the ground, against their better judgement. In fact, a deed was drawn up and included in the sale documents, which detailed the extremely dangerous chemicals that were present in the ground, and not one cent of profit was gained from the sale. Many lawsuits later ensued, thanks in part to one woman who went on a crusade to save the neighborhood residents, and their children by exposing all of the harmful details to the public.

Comes Plaintiff, Constance Wolf F/K/A Constance Wolfgram, by counsel, and for her complaint states as follows:

At this time, I recommend we move forward with DOR to a priority conference to advance our statute of Limitation defense. If we could prevail on our statute of limitation defense, we could avoid any liability on this claim going

Under the CERCLA, a person who incurs such cleanup costs is entitled to recover from anyone who qualifies as a “responsible person” under the statue. Responsible person includes current owner or operator of facility. Nurad contends that even if the court applied the correct legal standard, it erred in its factual determination that the tenant defendants lacked the authority to control the USTs. Nurad insisted that the district court failed to give proper weight to the fact the Hooper Co. resumed its finishing operations as a tenant in 1966 in two buildings that the company released. The current owner sought reimbursement from previous owners and tenants at the site claiming that they were liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as owners of the facility at the time of disposal of the hazardous

The suit was made after the failure to reach an out of court settlement with the Hooker company, the potentially responsible party, and the Department of Justice. When the suit was continually followed to the courtroom, the Hooker president had stated that he was shocked the Department of Justice and the E.P.A. would take legal action that is unwarranted, time‐consuming and counterproductive (Molotsky). As a result, the action taken by the Federal Government marked the start of a nationwide effort against hazardous wastes. It was not just government sects that filed suits, residents began to chime in, indicative by Stanley Grossman, a local lawyer who handled most of the plaintiffs against Hooker, he alone had filed about 88,000 documents, and stated it would take nearly 15 years to try cases individually (Dionne).

When the suit was continually followed to the courtroom, the Hooker president had stated that he was shocked the Department of Justice and the E.P.A. would take legal action that is unwarranted, time‐consuming and counterproductive (Molotsky). As a result, the action taken by the Federal Government marked the start of a nationwide effort against hazardous wastes. It was not just government sects that filed suits, residents began to chime in, indicative by Stanley Grossman, a local lawyer who handled most of the plaintiffs against Hooker, he alone had filed about 88,000 documents, and stated it would take nearly 15 years to try cases individually (Dionne).

Betty Blackacre is in contract with Donald Developer to sell a tract of land to him for the development of an industrial park. Several distinct issues have arisen concerning an EPA regulation, the Virginia fee structure for waste facilities, and the jurisdiction of the suit brought in NY by Donald Developer. We turn to question the legal validity of the EPA order, the constitutionality of the waste disposal fee structure under the commerce clause, and the grounds for which Betty’s motion to dismiss the case for lack of jurisdiction stand.

What would I do if I was in George Nash’s position as Vice President of Real Estate at Desperate Air Corporation (a company in dire financial straits), and my pending sale of Florida property potentially had toxic waste buried beneath the surface. I found this to be the least challenging question posed thus far in terms of my own ethical beliefs. In this instance I would proceed with the sale without disclosing the information regarding what I had heard about the toxic waste. Clearly Florida law states that you do not have to disclose that there is a hazardous substance on commercial property as long as there is not a fraudulent statement about the property. Nash did his due diligence by hiring someone to do an environmental study. The

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For WM the fuel, environmental charge included on a customer’s invoice is determined by first putting in the percentage of the WM Collection Fuel Surcharge Table or WM Disposal Fuel Surcharge Table into the overall invoice charges (excluding taxes). Next the environmental percentage is put in the sum of the total invoice charges and fuel surcharge calculation (excluding tax). Landfills produce harmful gases that if breathed in by people can cause serious health issues. The gases they let off also can ignite huge fires. If the water gets contaminated, then there is a long process to get to clean again and it cost 10 million dollars. Landfills also create a toxic soup of industrial and home-cleaning chemicals. These are just some of the impacts that solid waste management has on people and environments. My group has come up with different ways to solve these

In August, presiding U.S. District Judge Royce Lamberth issued an opinion stating the EPA’s “failure to deny the allegations that personal accounts were being used to conduct official business leaves open the possibility that they were.” Accompanying the opinion was an order permitting Landmark to conduct discovery limited to the following issues: whether and to what extent the EPA administrator, deputy administrator and/or chief of staff utilized personal e-mail accounts to conduct official business during the relevant time periods and whether the EPA intentionally excluded those personnel from the FOIA request response.

Waste Management, Inc., incorporated in 1968, had become a leader in the industry of waste management services ranging from industrial operations to curbside collection. This company had become synonymous with many different kinds of disposal services that allowed for the company to grow and grow with a solid base over the course of twenty-eight years. Finally in 1996, the company reported total assets of almost $20 billion with net income close to $200 million. However, even with this growth and solid base, the company was feeling competitive pressures and net income was on the decline.