Mgmt 520 Week 3 Discussions

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MGMT 520 Legal, Political and Ethical Dimensions of Business Week 3 - Discussion 2 - Environmental Liability and Due Process In 1979, Paul and John Reardon purchased 16 acres of land located next to a manufacturing plant in Massachusetts. In 1983, a state environmental agency, responding to a citizen's report, tested soil samples from both properties and discovered extremely high levels of polychlorinated biphenyls (PCBs) on the plant site and on the Reardons' property where it bordered the site. Shortly thereafter, the Environmental Protection Agency (EPA) cleaned up the contaminated areas. In 1985, the EPA notified the Reardons that they might be liable for clean-up costs. An EPA investigation of the property in 1987 revealed that some…show more content…
The purpose of CERCLA would not be eviscerated if the EPA is forced to litigate each detail of its removal and remedial plans before implementing them. The EPA could still implement removal and remedial plans with the landowners’ compliance so that the hazardous waste could be properly taken care of. The responsibility for the cleanup should be on the land owners and not the taxpayers, but a new process needs to be established. For example, it would be great if the EPA and the landowner worked together to pursue a cleanup strategy, whereby the landowner would be able to pick the way it will be performed to keep the costs as low as possible with the EPA approving the type of clean-up that needs to be performed to ensure that it will be performed adequately so that all of the hazardous waste will be removed efficiently. The CERCLA was created to respond to the growing concerns of hazardous substance in an attempt to regulate and to provide long-term solutions to hazardous waste problems. To do this, the CERCLA has a fund set aside to conduct emergency clean-up activities and hold landowners responsible for paying for the clean-up. I believe that the EPA's role to litigate details of the clean-up activities would only help to complete and correct these efforts. The 1980 law requires the parties responsible for the contamination to conduct or pay for the

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