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lruhn010

Economics

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Litigation and legal liability are important components of a “free market” approach to environmental issues and pollution. Yet an important part of this approach is that responsible parties will have to be held financially responsible. Consider the following short news story regarding the recent chemical spill in West Virginia, and the implications you see – if any – for a litigation and liability approach to pollution control. If we were to rely on more of a market-based approach to pollution, including litigation as a means of establishing property rights violations, do you think there would be a danger of businesses creating “shell companies” that were judgment-proof to effectively avoid liability? If so, would this create a need for regulation after all?

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Co. blamed for W.Va. spill files for bankruptcy 1 hr ago By Jonathan Mattise of Associated Press Freedom Industries Inc. faces multiple lawsuits and state and federal investigations after the Jan. 9 chemical spill. CHARLESTON, W.Va. — The company blamed for a chemical spill that left 300,000 West Virginians without safe drinking water filed for bankruptcy Friday. Freedom Industries Inc., facing multiple lawsuits and state and federal investigations after the Jan. 9 spill, filed a Chapter 11 petition with the U.S. Bankruptcy Court in the Southern District of West Virginia. Company president Gary Southern signed the paperwork, which lists the company's assets and liabilities as a range — both between $1 million and $10 million. It says the company has at least 200 creditors and owes its top 20 creditors $3.66 million. The water was tainted after a chemical used to clean coal leaked from a storage tank and then a containment area at a facility owned by Freedom Industries. The water ran into the Elk River, contaminating the state's largest water system. Related: Wave of lawsuits follows West Virginia chemical spill The bankruptcy document says the leaky storage tank appears to have been pierced through its base by some sort of object. It also says a current theory for the hole is that a local water line that broke near the Charleston plant could have made the ground beneath the storage tank freeze in the cold days before the spill. After the spill, residents in a nine-county area around the state capital of Charleston were told not to use the water for anything other than flushing toilets. Some businesses and schools were forced to close for several days. The water restrictions have since been lifted for most residents. The terminal that leaked had not been inspected by state officials since 2001, when it was owned by a different company operating under more stringent rules. State officials said Freedom Industries bought the terminal last month. http://news.msn.com/us/co-blamed-for-wva-spill-files-for-bankruptcy Accessed January 17, 2014
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Running head: ECONOMICS

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Economics
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ECONOMICS

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Economics

Firms operating in any type of market need to be responsible for all the actions they
undertake on the global scene. The statement implies that when faced with anything negative,
any firm in the worldwide stage needs to come up with sound suggestions on how to handle the
situation. It is important that any community has both market and government forces in
regulation of the market. The market forces should be dominant in the free market economy
while government and legislation should be minimal and limited only to the aspects that are
harmful to the citizens such as price wars and damage to health. In the West Virginia case, it was
necessary for the government to intervene and litigation and legislation were an appropriate way
to go. The spill was harmful to the locals and polluted their la...


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