Business Regulation Simulations

Identifying Legal Issues

|Legal Issues |Legal Principals |
| Negligence-Breach of Duty | Company failed to show leadership and a proper system in place during the spill. |
| |Breach of Duty. “A failure to act when there is a duty to act” (Cheeseman, 2010) |
|FOIA Inquiry | Bates requested EPA report from prior violation. FOIA Exemptions applicable: 1. |
| |Concerning trade secrets and commercial or financial information obtained from a |
| |person that is privileged or confidential. (DOL 2011) |
| PAH concentration sample was above the | OSHA, CERLA, Not adhering to the Comprehensive Environmental Response Compensation |
|prescribed limit |and Liability Act (CERLA) of 1986 and EPA |
| Allegations of environmental damages | Business must apply and adhere to permit from federal EPA for their air emissions |
| |and their efficient discharged into water ways. |
| Invasion of the right to privacy | Private investigation. A violation of the right for undesired publicity |
| Alternative Dispute Resolution (ADR) | Settled claim with a mediator from the American Arbitration Association. (ARA) |
| |Resolving disputes independently is a more cost effective resolution as opposed to |
| |litigation. Also ensure that a confidentiality agreement was