Mulholland Case Summary

Gerald M. Stern’s novel, The Buffalo Creek Disaster, helps students better understand the civil procedure process by describing the process through an actual case Stern himself litigated. The case began in 1972 after a dam collapsed in Buffalo Creek, West Virginia, killing 125 people and destroying many homes. Other than property damage and loss of loved ones, those who survived suffered what Stern referred to as psychic impairment, or mental suffering. Stern’s lawsuit involved 625 plaintiffs suing the Pittston Coal Group, or the stockholder of the Buffalo Mining Company, for compensatory and punitive damages. Stern had to choose a court and a judge, decide how much relief the plaintiffs were seeking, depose witnesses, and work with the defendant’s counsel

This situation happened three weeks before collapse and it continue without experience workers considering concern of the load not properly distributed. The project engineer should have been in charge with the stockpiling of materials on the bridge because construction inspector was in charge that materials met standards. A safety engineer noted that the gusset plate was bowing during his inspection and consulted another engineer on the problem. The other engineer said the connection did not show deterioration or signs of deterioration and other design problems was not their job, so the bowing was not noted in the inspection report. The safety engineer was knowledgeable to know that the bowing was a problem in the structure of the bridge but taking the suggestion from the other engineer suggest that safety engineer duty did not align with their will that bowing was the problem but it was not their job to suggest

The article “Down go the dams” by Jane C.Marks aim to provide an informative view on the current pending issue on Dams. The article starts out my mentioning the important nature of dams in our society. For example, Jane C.Marks states that today about 800,000 dams operate worldwide as well as the fact that most were built in the past century, primarily after World War II. Furthermore, the author lays down informative facts about dams such as the fact that dams control flooding and their reservoirs provide a reliable supply of water for irrigation, drinking and recreation which are all very important to society. In an economic standpoint, although it is very high maintenance dams provide jobs for people. The

He found that the Colorado River was the best source. In 1925, the Department of Water and Power (DWP) was established. Now what came to be called the Colorado River Aqueduct, needed financing to be accomplished. Voters from the region approved a $2 million bond to perform the engineering needed for the aqueduct. In 1928, an act of the State Legislature, created the Metropolitan Water District of Southern California (MWD), and its purpose was to construct the Colorado River aqueduct to supply water to Southern California. By 1931, voters issued another bond for $220 million that would start the construction of the aqueduct. By 1941 the aqueduct was completed stretching 242 miles from the Colorado River to its final holding reservoir near Riverside, California. The Colorado River Aqueduct consists of more than 90 miles of tunnels, 55 miles of conduit, 30 miles of siphons, five pumping stations, 5 treatment plants, and 9 reservoirs. All of this can supply about 1.2 million-acre-feet of water every year, which is more than a billion gallons a day. This caused phenomenal growth of Los Angeles, San Diego and neighboring areas. The aqueduct is capable of lifting more than 1600 cfs to a static height of 1600 feet as it takes a path through mountains and deserts. Upon the completion of the Colorado River Aqueduct in 1941, the Municipal Water District began to wholesale Colorado River water to its member agencies. Today those agencies include 14 cities, 12 municipal water districts, and a county water authority. More than 130 municipalities and many unincorporated areas are served by this project of the DWP’s and Mulholland’s vision. Before Mulholland died on July 22, 1935, he lived to see the inaugurations of the Colorado River Aqueduct and Hoover Dam, constructed in the spirit of significance he had always

The Grand Coulee Dam, located in Eastern Washington, was one of controversy, risk, and a point of no return. While the water captured made the desert area blossom in agriculture and it powered some large cities, it created a sense of accomplishment, that humans can control Mother Nature. While many people were very excited for this new construction – which gives power and resources - at the time, some thought it should not be allowed, they are not proud of containing the Columbia River. In this analysis, I am going to focus on the economic and social effects that the Grand Coulee Dam created in its build.

Herbert William Mullin was born on April 18, 1947, in Salinas California (Newton, 2000). Dr. Lunde and Morgan describe Salinas as a farming community in Monterey County South of Santa Cruz (1980). Herbert is the younger of two children his sister Patricia being the elder, born to Jean and Martin William Mullin. Jean, a devout catholic, and Martin, a military veteran; raised their children in what some would say a “nurturing, stable but perhaps strict Roman Catholic household” (Vronsky, 2004 p. 149). He was a gentle natured child and very bright. He played little league baseball and was a Boy Scout (Lunde, Morgan, 1980). Herb attended parochial school so he was separated from neighboring peers that attended the local

The Three Gorges Dam is an unfinished project which will be the largest dam ever constructed on the planet Earth. It is situated in China on the third largest river in the world – the Yangtze. The dam has been debated over since the 1919 and is still a hot topic of debate because of its many pros and cons. In 1994 construction began on the dam, and it is expected to be finished by the year 2009. The massive dimensions of the dam are mind boggling and its functions – if the dam actually works – are truly remarkable; however, with such a large structure also comes difficulties, sacrifices, and cynics. The goal of this essay is to lend an understanding of the dam itself, the prospective benefits of

There was some basis for holding the State of WV responsible for the Buffalo Creek Disaster (BCD) since a WV statute prohibits the construction of any dam or other obstruction over 15 feet in height across any stream or watercourse without a prior determination by the State that it is safe. The State of WV had never agreed that Dam 3 (which was 60 feet high) was safe. The State was at fault for not enforcing its own laws. But Arch Moore, the Governor of WV blamed the trouble on the media, the “irresponsible” media that publicized these attacks. Governor Moore qualified the mediatization “an even greater tragedy than the accident itself”.

At 14:32 Haring was arrested for OWI and fleeing the scene of an accident. He was taken away for booking and a Data Master Breathalyzer test.

When deciding whether of not to support the construction of a new dam, we have to use the process of cooperating, communicating, and thinking to come to a logical conclusion that is best for this world. Cooperating is important because it allows people to work together to come to a final decision by using everyones knowledge. Communication is also needed to tell others your opinion and to share the pros and cons of creating a dam. Lastly, thinking like a scientist is greatly needed. When making a decision like this, bias must be out of the opinions given and facts are needed because creating a dam can greatly affect the

When they finally got the dam built they could now start to allow for the construction of other dams and irrigation systems farther down river. Also another great thing of the dam is it helps with agriculture and with making more building for what they need and it help in a way way big difference with the flooding. The year this happened was the year 1931 was when this dam went up. But a little before that in the year 1912, and it seems over time the irrigation started and the siphon was made this year of 1912 but that actually attracted more and more people. That means that the state will grow I’m population and other products. But with the “Steamboats still cruised up the Colorado River from Mexico, packed with goods, when the bureau started building the Laguna Dam around 1906.” But during the year of 1994 we made a treaty with mexico with the 1.5MAF of water in Colorado River to share with Mexico. “Today nearly 17 million people depend on the Colorado’s waters.” All american canal serves the Palo Verde Imperial irrigations also the yuma project lands in imperial and coatehand valley. Also the present perfected right- Palo Verde Imperial irrigation district and Reservation Division, Yuma project California division (non-indian portion) has present perfect rights. But for the Colorado River actually dried up at one point, the people really relied on the river and water, but sadly the water takes a long time

In chapter one, the difference between the three types of crimes in Canada were discussed: summary, indictable, and hybrid offences. Summary offences take place in provincial/territorial court, and and the maximum penalty fine is six months in prison, five thousand dollars, or both. An example of a summary offence is soliciting in a public place, or carrying a weapon while attending a public meeting. An indictable offence is one that is much more severe. The sentences given are much more serious. Crimes considered an indictable offence include manslaughter, robbery, and aggravated sexual assault. A hybrid/dual offence could include sexual assault, theft under five thousand dollars, or unlawful imprisonment.

First, the “un-engineered” dam violated two laws; second, Pittston knew the dam was not safe; third, Pittston did not have a warning system in place to alert residents in case of disaster; fourth, by convincing the deputies to discontinue their warning efforts, Pittston negated the last-ditch effort that could have saved 125 people (Nugent 183). The most tragic finding from the multiple investigations and studies is that Pittston could have built a safe dam for less than 200,000 thousand dollars, an amount that was a mere “one-half of one percent of its 1971 profits” (Nugent 184), a small sacrifice that could have saved many lives. Pittston’s culpability lies in its reckless greed. One of saddest reminders of the horror of Pittston’s wanton disregard is a tombstone that reads: “This Tiny Trio / Boy-Girl-Boy / Who were the Victims of the Feb. 26, 1972 Buffalo Creek Disaster are unknown to us by name but to Our Heavenly Father they are known as three little angels” (Stern 47). The article Remembering Buffalo Creek, 40 Years Later commemorates the tragedy saying: “We have a responsibility to teach each future generation what happened and why, so that they cannot only reverently remember but make certain that history does not repeat itself” (1). One can hope all companies have this etched in their minds and hearts and souls when they think of sacrificing safety for a

While the catastrophic failure of the levees in New Orleans during Hurricane Katrina can be attributed to the Army Corps of Engineers (“Corps”), the Corps’ failures can be attributed to fundamental flaws within the accountability environments they were operating in during both the building and the maintenance of the levees. Legal and bureaucratic accountability were the primary and secondary accountability approaches at work, with legal accountability most notable during their planning and construction process, and bureaucratic accountability taking precedence during their oversight process. Ironically, while these are the forms of accountability that should contain the highest degrees of control, critical failures resulting from each of these accountability environments led to the Corps, in practice, having an extremely low degree of control and ultimately led to the failure of the levees during Hurricane Katrina .

1. Why was the building of the dam first proposed in 1919 and by whom?