Legal Environment of Business

Topics: Mediation, Dispute resolution, Alternative dispute resolution Pages: 6 (2004 words) Published: December 9, 2006
Simulation: Business Regulation
Legal Environment of Business

Simulation: Business Regulation
Alumina Incorporation
Alumina Incorporation is an USA-based $4 billion alumni maker. It operates in eight countries around the world with the USA counting for seventy percents of its sales. Situated in the fringes of Lake Dira in the state of Erehwon, Alumina Inc. has business interests in automotive components and manufacture of packaging materials, bauxite mining, etc. Alumina Inc. falls under the jurisdiction of region six of the EPA.

There was a routine EPA evaluation inspection five years ago, and Alumina Inc. was found guilty in violation of environmental discharge norms. This was the only bad incident in company's records. EPA evaluations are necessary in order to protect public health and to eliminate water pollution. Apparently, Alumna's image is about to be damaged again by the allegations posted in the Erhwon Reporter newspaper. A 38-year-old single mother, Kelly Bates has accused Alumina Inc. of repeatedly contaminating the waters of Lake Dira with carcinogenic effluents, and has alleged that consumption of the contaminated water is the proximate cause of her 10-year-old daughter's leukemia. Team Members' Result

After running the simulation, each team members) came up with the same result. The results are as follow: •Conduct an independent site study to check for any new violations •Allow partial release of environmental audit report

•Seek American Arbitration Association's intervention in resolving the Bates dispute through alternative means.

Strategy to Solve the Challenge
Environment regulations are the most stringent area of government's regulation of business. The government had established the Environmental Protection Agency (EPA) to coordinates public control of private action as it affects the environment. When taking charge of the damage control exercised, the best approach is conducting an independent research to check for any environmental and pollution violations. Approaching Ms. Bates to test her results can have a negative impact on Alumna Inc. As result, Ms. Bates can consider proceeding legally against the company. Hiring a private investigator can bring accusation of "invasions of privacy" which are not in favor of Alumna Inc. Under Freedom of Information Act, The Erhwon Reporter journal and Ms. Bates can request the environmental audit report to see if there was any violation of the Clean Water Act. According to Reed et al., Clean Water Act has defined goals such as: making the nation's water safe for swimming and, in the same time, protect wildlife; setting deadlines and strong enforcement provisions that must be followed by all polluters (para 6, p.503). Refusing to comply can influence Ms. Bates to file suit against the company. Or acting under pressure and releasing all the reports can give room to misinterpretation for the public. References as" breakdown of pollution control system or eminent hazard of recurrence of mishap in the future" can dissolve the trust of the community in Alumna Inc. Furthermore, the Erhwon Reporter journal could imply that Alumna Inc tries to be defensive. But if the company releases only a partial report, it will prove that there was no violation of environment discharge norms, and will give the opportunity to show all the company's efforts to have a clean record. Fortunately, bringing positive news to the table, an American scientific society reports in its quarterly journal that increased traffic in the area is poisoning the waters of Lake Dira, posing danger to animals, aquatic, and human life. Approaching Ms. Bates in negotiating a sum in order to help with medical expenses can prove that there was indeed something wrong happened and Alumna Inc is trying to cover up. Even though there was no link established between the company's violations five years ago and Ms. Bates' daughter leukemia, she will file charges. In this...

References: Lewis, N. (2004). Taking it off Court. Black Enterprises. March 2004. Volume 34, Issue 8, p50, 1p, 1c
Neil, M. (2003). Practice Makes Perfect. ABA Journal. November 2003. Volume 89, Issue 11, p34, 2p, 1c
Newhall, C. (2004). Benefits and Opportunities in Mediation and Arbitration.
CPA Journal. March 2004. Volume 74, Issue 3, p62, 2p, 1c
Stubbs, P., (2002). Pictures prices & product. NZ Marketing Magazine,
20(12), 46. Retrieved April 3, 2004, from EBSCOhost database.
Wood, D., (2003). 10 Advertising legal issues for 2004. Advertising Age,
74(15), 12. Retrieved April 3, 2004, from EBSCOhost database.
Reed et al. (2002): The Legal & Regulatory Environment of Business. The McGraw-Hill
Companies, Twelfth Edition
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