To successfully invoke this defense, the purchaser or occupier had to establish that it had no reason to know that the property was contaminated. Since the problem with brownfields is the existence or suspicion of contamination, the defense was largely unavailable to prospective developers or tenants of brownfield sites. To eliminate this obstacle to redevelopment of brownfields, the Brownfield Amendments created the BFPP defense for landowners or tenants who knowingly acquire or lease contaminated property after January 11, 2002. Only those parties that qualify for the BFPP defense are potentially subject to the windfall lien. To qualify for the BFPP, the owner or tenant must establish by a preponderance of the evidence that it has satisfied the following eight conditions: • All disposal of hazardous substances occurred before the purchaser acquired the facility.
Also, the excessive manure present in rainwater runoff during heavy storms cannot be called “agricultural stormwater discharges.” In C.A.R.E v Southview Farms, “The run-off was primarily caused by the over-saturation of the fields rather than the rain and that sufficient quantities of manure were present so that the run-off could not be classified as "stormwater. "” (1994). Therefore, Northfield Farms is in violation of the CWA for its disposal method of waste products as well as the manner in which waste floods surrounding private property. References Concerned Area Residents for the Environment v. Southview Farm 34 F.3d 114 (2d Cir. 1994) McAdams, T., Neslund, N., & Zucker, K. (2009).
Did Emerson violate Section 10(b) of the Securities Exchange Act of 1934 and SEC Rule 10b-5? Rule 10b-5 specifically states that "It shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of interstate commerce, or of the mails or of any facility of any national securities exchange, (a) To employ any device, scheme, or artifice to defraud, (b) To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading, or (c) To engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person, in connection with the purchase or sale of any security." Now, in the case of Emerson, it can be determined that there was deception and the stocks were purchased in connection to the information received, and that Emerson knew about it. 3. What theory or theories might a court use to hold Wallace liable for insider trading?
Hannah cannot file a wrongful discharge lawsuit against Friendly Catering Company because she is an employee-at-will. True False 6. Promissory Estoppel is an exception to the employment-at-will doctrine if the employee can show that he/she relied on the employer's promise to his/her detriment. True False 7. Major Tire Company's plant in Charleston, South Carolina was destroyed when Hurricane Hazel hit the coast.
Box 405699 Atlanta, GA 30384-5699 Georgia Department of Corrections Inmate Trust Accounting DUPREE Last Name:____________________ 1000606155 GDC #: ______________________ This document must be mailed in with the receipt for proper handling. If the money order does not have this document with it, it will be returned to sender. ONLY THE MONEY ORDER/CHECK AND THIS COUPON SHOULD BE INCLUDED IN THE ENVELOPE. ANY OTHER ITEMS RECEIVED WILL NOT REACH THE OFFENDER AND WILL BE DESTROYED, AS THIS PAYMENT IS NOT MAILED TO THE OFFENDERS PHYSICAL LOCATION. Mail with Money Order to: GA Dept of Corrections Inmate Trust P.O.
Inadvertence means that an officer must not have prior knowledge that the evidence was present. The discovery must be purely accidental. ____________________________________________________________ 4. Situations where the plain view doctrine applies are when out on patrol. You see a person with something illegal the plain view protect you when stopping the person.
The courts ruled against Mack as by backdating his payment for the fertilizer, he was trying to reduce his tax liability. Tax evasion is breaking a civil statute and falls under statutory illegality. Hence, the courts deemed the agreements to be unenforceable (Weir, D. Jan, Pg 147). There are two impacts of this case on a certified general accountant (CGA). The first impact is skills development.
Christina Tezen Legal Writing Analytical Essay 9/27/15 Issue: Whether Mr. Sunoco, who owns property that has a gas station which he has never operated but leased, is considered an “owner” under Aberdeen Navigation Law §181(1), and is therefore strictly liable for clean-up costs and potential damages to the neighbors under §181(5), resulting from the underground storage tanks (USTs) leaking, when such leaking has been occurring since the day he purchased the property. Rule: Aberdeen Navigation Law §181(1) articulates that all owners and operators, previous and present, will be considered dischargers for purposes of determining liability, which prevents a defendant from arguing that it is not liable because the discharge occurred prior to its ownership. (Speonk). Although liability under the Navigation Law cannot be
Open-field and Procedure The meaning of curtilage is a yard, a piece of ground, or garden which adjoins a dwelling house. The land immediately surrounding and associated with the home. (The Law Dictionary, pp. 97). The meaning of open-field is a rule of law that an individual may not legitimately demand privacy, and consequently the guarantee and protection from searches and seizures without a warrant or probable case for activities conducted out of doors in fields, except in the area immediately surrounding the home only the curtilage (q.v.)
The case against the heckler’s is justified under the Constitution given the infringement on First Amendment protections to the speaker’s message. Colleges hold an intellectual free market of ideas and disrupters do not have the legal right to silence ideas they do not agree with. For that reason, the disrupters were prosecuted by California Law under California Penal code section 403 – “Every person who, without authority of law, willfully disturbs or breaks up any assembly or meeting that is not unlawful in its character, other than an assembly or meeting referred to in Section 302 of the Penal Code or Section 18340 of the Elections Code, is guilty of a misdemeanor.” The disrupters also violated university speech and advocacy policy. UCI had policies in place at the time against the willful disruption of speech and advocacy. The school called for “tolerance, civility, and mutual respect for diversity of ethnicity, race, and religion.” After a year of legal proceedings, ten out of the eleven students who took park at the UCI event were found guilty by a jury and given probation, but no jail