Business Regulation
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I'm resolving a case about Business Regulation. The case is about a company that failed to show it had effective systems in place to deal with the crisis when one of their tankers struck a reef, releasing 11 million gallon of crude oil into the prism of the blue water on a lake. Over 1000 miles of coastline disappeared. When this crisis happened the company showed little leadership after the event and appeared indifferent to the environmental destruction. The company was fine for corporate irresponsibility.
Five years later after enjoying a good overall environmental regulation compliance record. A local resident threaten the companies good compliance record blaming the company that her daughter's disease (leukemia) was due to what happened 5 years ago and that the company still does not comply with the preservation of the environment.
Some of the strategies I developed in the paper base on the case was:
1. Allow partial release of environmental audit report to avoid to jeopardized companies competitive position.
2. I talked about conducting independent study to lower accusation blunted by local resident and newspapers (reason and so on)
3. In order to resolve the issue I talked about party mediation being the quick way to resolve the dispute
Base on the results mentioned above I still need to address the following questions, please I need your assitance (this section must cover between 1200 - 1800 words, needs to have references):
a.What additional strategy (or variation on a given strategy) would you recommend to the key decision maker in the case to solve the challenge given?
b.In any dispute where perceptions of the "facts" are 180 degrees opposite, management has a decision to make whether to fight or settle. If you were the CEO of this company would you have accepted a mediated settlement with the local resident, assuming that she has already filed a lawsuit against the company, or would you have spent the money to defend the company's position in court?
c.The environment is one area of business regulation where community stakeholders can make emotional arguments supportive of government intervention. What are some other areas of business regulation that hold similar dangers for private businesses?
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Base on the results mentioned above I still need to address the following questions, please I need your assitance (this section must cover between 1200 - 1800 words, needs to have references):
a.What additional strategy (or variation on a given strategy) would you recommend to the key decision maker in the case to solve the challenge given?
I would advise the CEO to go into the technical details and ascertain if the effect on health was actually due to the oil spill five year ago. Virtually all environmental regulations and toxic tort claims are founded on scientific and engineering principles in various disciplines. These include general engineering, chemistry, hydrogeology, and toxicology. Since understanding and solving client problems requires the exercise of both legal and technical skills, the ability to call upon technical training and experience in environmental matters provides a decided advantage in assisting clients in this area. Several of the environmental practice group attorneys hold degrees in both engineering and law, them effective in understanding the CEO's problem, and addressing that problem in the regulatory context. Furthermore, several of the professionals available now have extensive prior service with the federal and state environmental agencies and enforcement units. Moreover, there are technical and legal experts who are involved a national scale for their involvement in environmental and toxic tort litigation which has established significant new precedent on behalf of corporate manufacturer clients. These can re examine the case and evidence in detail and find out the weak spots in the claim.
For purposes of both cost efficiency and assignment of appropriate personnel to various tasks, the CEO should select the experts himself. This is particularly true in the environmental area. The company can use trained paralegals to monitor significant developments in regulations which affect various industries, products, chemicals and materials. Paralegals and librarians can research active repositories of relevant technical and scientific literature, including EPA and state regulatory guidance documents, health assessments and toxicity studies. By monitoring these developments, the company will be able to keep ...
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