I need an assistance | Law homework help

PROFESSOR’S

INSTRUCTIONS

1. This is an open

book, takehome exam. You may use:

a. the course book (Percival, Schroeder et al., Environmental Regulation: Law,

Science and Policy),

b. your course notes (including any course hand

outs and postings and

documents on our Camino course website).

2. No additional research beyond the listed items is permitted. You must work on the

exam on your own.

3. The exam will be available beginning December 5, 2016. Your exam answer is due

within 7 days of pick-up of the exam, but no later than December 15, 2016, 4 pm.

4. The total exam answer may not exceed 3000 words. You must provide a word count

at the end of the exam.

5. There will be a 1/3 grade penalty for every three hours that the exam is late. I will

only grade the exam answer up to the 3000 word limit.

6. Place your Exam ID#, the name of the course, and exam date on EACH page of your

exam answer (if typed) or EACH examination book (if handwritten).

7. Retain a copy of your exam answer (as a precautionary measure).

8. If you compose your exam in the library or any other public space, do not put drafts of

your answer in the recycle boxes.

 

STOP! DO NOT FLIP THIS COVER PAGE UNTIL TOLD TO DO SO BY THE PROCTOR

Environmental Protection Law Final Exam

 

Fall 2016

Costco is planning to build a new gigantic 200,000 square foot warehouse store in Foster

 

City, California. Accordingly, Costco has purchased a 10 acre parcel of land. The parcel is

 

surrounded on all sides by land owned by the Department of Interior.

 

In planning for the construction of the new warehouse store, Costco discovers

 

the presence of a seasonal stream, Foster Creek, that passes through the property.

 

Foster Creek contains water only during the rainy season and empties directly into the

 

San Francisco Bay. The location of the stream will not impact construction of the

 

warehouse because the stream is situated on the edge of the property. However, a less

 

convenient discovery is the presence of a wetland on the parcel, covering about half of

 

the land. Even though it is dry most of the year, that portion of the land turns into a

 

wetland during the rainy season. Construction of a parking lot would not be possible

 

without draining the wetland or ensuring adequate drainage during the rainy season.

 

Since the new warehouse store will be located more than a mile from the nearest city

 

sewer lines, Costco plans to install state of the art bathroom facilities that will use minimal

 

amounts of water. Doing so will allow Costco to forego connection of the building to the

 

municipal sewer system and save a lot of money. The small amounts of waste water that will

 

be generated even with these systems in place, however, will be discharged directly into the

 

Foster Creek and go into the Bay. Environmental engineers have assured Costco that the total

 

amount of wastewater generated will be no more than what is generated by 5 single family

 

homes. Hence, the Costco managers figure they do not need to apply for any waste water

 

discharge permits.

 

As Costco is investigating the feasibility of draining the wetland, two other unpleasant

 

surprises are discovered. First, an environmental engineer finds that the wetland serves as the

 

habitat of the Leopard-spotted freshwater frog (Leopard Frog), a species listed as endangered

 

under the Endangered Species Act.

 

The other unpleasant surprise is the discovery of more than a hundred 55-gallon

 

drums leaking unidentifiable toxic waste. Much of the liquid waste appears to have

 

seeped into the ground. The environmental consultants have also been unable to

 

answer some basic questions about the waste: what is the origin of the toxic waste?,

 

who put it there?, when it was dumped?, and who might be the responsible party?

 

After some internal discussions among the managers, Costco decides not to dig up or

 

remove the hazardous waste, but instead leave it in place. After all, the waste is in a

 

spot on the property that will not be disturbed by the construction activities. One

Costco manager remarks: “No harm, no foul.”

Once the initial survey of the property and construction planning is done, Costco applies

 

to the Interior Department for a license to build an access road across the DOI land (leading to

 

the future warehouse store) and to obtain a corresponding easement. Issuance of the

 

easement and road permit would be authorized by an obscure statutory provision that states as

follows: “In order to advance the welfare of local communities, the

Secretary of the Interior

 

shall have the authority to convey easements and road construction permits when doing so

would cause no serious adverse environmental effects.”

Costco cooperates with the Interior Department staff to prepare an Environmental

 

Assessment for the easement and access road permit. The Environmental Assessment (EA)

 

finds that there will be no significant impact. The EA study concludes that since the access road

 

would only expand the width of an existing unpaved dirt-road by 30 feet and cover it with

 

asphalt, the environmental impacts would be negligible. Previously, the dirt-road was used by

 

hikers, bikers, and Interior Department trucks to access the Bay shore.

 

Shortly after the EA and Finding of No Significant Impact are finalized, the Interior

 

Department issues the permit to Costco.

 

Now, a local environmental group, Foster City Environmentalists (FCE), has learned that

 

Costco is about to start construction on the access road and draining of the wetland. It is

 

contemplating legal action.

Describe the legal issues that are raised in the above scenario from the perspectives of

 

both groups, FCE and Costco, and provide a brief analysis of each issue based on the (limited)

 

set of cases, regulations, and statutory provisions we have studied in this course.

 

Make sure that your total exam answer does not exceed 3000 words. You must

 

provide a word count at the end of the exam.

Calculate the price of your order

550 words
We'll send you the first draft for approval by September 11, 2018 at 10:52 AM
Total price:
$26
The price is based on these factors:
Academic level
Number of pages
Urgency
Basic features
  • Free title page and bibliography
  • Unlimited revisions
  • Plagiarism-free guarantee
  • Money-back guarantee
  • 24/7 support
On-demand options
  • Writer’s samples
  • Part-by-part delivery
  • Overnight delivery
  • Copies of used sources
  • Expert Proofreading
Paper format
  • 275 words per page
  • 12 pt Arial/Times New Roman
  • Double line spacing
  • Any citation style (APA, MLA, Chicago/Turabian, Harvard)

Our guarantees

Delivering a high-quality product at a reasonable price is not enough anymore.
That’s why we have developed 5 beneficial guarantees that will make your experience with our service enjoyable, easy, and safe.

Money-back guarantee

You have to be 100% sure of the quality of your product to give a money-back guarantee. This describes us perfectly. Make sure that this guarantee is totally transparent.

Read more

Zero-plagiarism guarantee

Each paper is composed from scratch, according to your instructions. It is then checked by our plagiarism-detection software. There is no gap where plagiarism could squeeze in.

Read more

Free-revision policy

Thanks to our free revisions, there is no way for you to be unsatisfied. We will work on your paper until you are completely happy with the result.

Read more

Privacy policy

Your email is safe, as we store it according to international data protection rules. Your bank details are secure, as we use only reliable payment systems.

Read more

Fair-cooperation guarantee

By sending us your money, you buy the service we provide. Check out our terms and conditions if you prefer business talks to be laid out in official language.

Read more

Order your essay today and save 15% with the discount code GRADUATE