Recognizing Tort and Regulatory Risk

Essay by sportsnut72University, Master'sA-, January 2010

download word file, 3 pages 5.0

University of PhoenixIntroductionAlumina, Inc. is an aluminum maker currently being accused of environmental damage from an illegal waste dump from approximately five years ago. Corrective efforts have been made but a local Kelly Bates has spoken negatively about Alumina in the press. Ms. Bates daughter has leukemia and accused Alumina of negligence.

Minimizing and recognizing risks and torts will be enclosed in this plan to manage or identify detective, corrective and detective measures.

Recognizing and MinimizingTorts and regulatory risks when identified in a company and management must be obeyed by state and federal laws. By hiring an individual council or legal team to regulate and maintain current changes in the laws would prevent future problems and be beneficial in addition to a corrective measure for Alumina.

Tort is defined as a civil wrong, or action by another with results in damages that are recoverable, while negligence is a conduct of omission or neglect that result in damages (Jennings, 2006).

Cases like Alumina shows negligence of tort. A compliance and evaluation was performed by The Environmental Protection Agency (EPA) and their findings showed higher than normal levels of polycyclic aromatic hydrocarbons (PAH). A preventative measure could have been done by Alumina by performing individual analysis of the water/air in and around the affected areas. These tests would be conducted by Alumina and recorded for future use involving the quality of water and air. Once the EPA has conducted an evaluation and results are released immediate correction is performed by Alumina.

The EPA will return and conduct another evaluation and record the corrections in the annual audit for the Clean Water Act. By taking the initiative by Alumina to perform independent studies this will detect any violations and high levels of PAH in Lake Dira. Kelly Bates a local resident...