Essay Example - The Elements of CERCLA

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) oblige the president to respond to cases of harmful waste. The Act is targeted towards enhancing the cleanliness of the sites that are polluted with unsafe waste and averting future contamination of the waste through allocating liability to the parties involved (Miller, 2016). It also operates to remedially spread the expenses of reacting to the inappropriate waste among the parties that created the hazardous condition. The liability necessitates the involved parties to pay the costs for the cleaning of the locations. It appeals to theories and the elements of property law, the law of tort, and environmental law. The liable entities include the current owners. They are liable even if they did not contribute to the creation of hazardous waste.

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Additionally, past owners are held liable if the contamination took place at the time they occupied the land. Those who arranged for the disposal of the waste are also held liable. Transporters of hazardous waste are held liable (Miller, 2016). However, defenses include taking steps to reduce the likelihood of pollution, natural events, and lack of contractual relationship with the third party. Innocent landowners may also be exempted.

According to the case study, the beneficiary of the will is liable as they currently own the facility that contributed to the hazardous waste. Caballo Container Company, the Estate of Leo D. Avinci, Pelle Vineyards, and the McLaughlin Estate are also liable (Miller, 2016). In defense of the mitigation of damages, the co-defendants should prove that a third party caused the waste and that they had no contractual relationship with them. However, for the heir, they may defend themselves as being an innocent owner as they did not know that the land was involved in contributing to hazardous wastes on the property.

Common-Law Nuisance

Common law nuisance involves rules and regulations that protect property owners from activities that are indecent and lead to unlawful interference. It is divided into a public and private nuisance. Public nuisance interferes with the rights or the interest of the public, such as the public's importance in consuming healthy water. Private nuisance obstructs the right of an individual to enjoy their property (Miller, 2016). Liability depends on the irrational and considerable interference with the lawful interests of the proprietor's property. The claimant should be able to prove the nature of the defendant's interference with their rights. They should show the extent of the interference and that it is substantial. Besides, there should be a reason for the defendant's conduct.

The legal exposure to the claims of the Siarkowicz Nurseries for their alleged damages includes using the property in a manner that interferes with the human rights of other people in the region. The defendant is liable due to the substantial interference with the legal interests of the Siarkowicz Nurseries. The individual is also exposed to strict liability (Miller, 2016). The doctrine involves engaging in dangerous activities that result in environmental harm. The defendant may, however, evade legal responsibility under the nuisance law but is liable to neglect and the trespass law. Negligence transpires in the case the defendant fails to take the care required leading to the pollution of the environment for other people in the area.

Adverse Possession

Adverse possession involves the occupation of land which another person has rights over and asserts it as their own. It allows landowners who reside on someone else's land to claim the legal title of the land for an extended period (Chang, 2020). When successful, the claimant takes possession of the land. The claimant should, however, not pay for the land if the claim is successful.

In succeeding in the Adverse Possession claim, the claimant should provide evidence that he has stayed on the piece of land for an extended period of time. The possession should also be continuous. Richard Repugnant may also provide proof that he has been using the property without an agreement with the defendant's uncle or a licence from the property owner. The claimant should be able to show that he has been inactive possession of the piece of land while maintaining it together with his own (Chang, 2020). They may also provide hostile claims.

The defendant will not lose the piece of land to Richard. The claimant has been on the piece of land for a short period, not exceeding twelve years. The defendant may also prove that the claimant did not have an intention to possess the disputed piece of land. In removing the hostile claim, the landowner may argue that they gave the claimant permission to occupy the land in some fashion (Chang, 2020). Moreover, the heir did not know Richard's use of the property.

In dealing with future adverse possession claims, the defendant should inspect the property regularly to ensure that there are no incursions on the land. The record of the inspections should also be kept. Furthermore, they should investigate when the incursion occurred while involving the previous owner and the neighboring owners (Chang, 2020). If they discover that the property has encroached, they should take urgent steps to remove the trespassers, including issuing the possession proceedings. In case of a dispute of the boundary, a boundary surveyor's report may be obtained. The defendant should also give written permission to the individuals using their piece of land.

Elements to Establish in Making a Prima Facie Case

The disparate treatment theory of liability under Title VII of the Civil Rights Act requires the employees and employers to provide elements of the claim. It is based on whatever claim is proved correct until verified otherwise (McAllister, 2020). The main features of prima facie discrimination include proof that the workers are in a protected class centered on gender or class. They should also show that they were qualified for the position that they are denied. The employee presenting a discrimination case under Title VII should have sufficient proof to make the prima facie. On meeting the burden of proof, the employer should present their legitimate reasons for their actions after which the burden shifts.

Under Title VII of the Civil Rights Act, male employees may make a prima facie case against the resort in various ways. They have to prove that the elements of discrimination are based on gender (McAllister, 2020). The employees should prove that they are a member of a protected class. They should also show that the discriminator was aware of the male employees' protected class. Additionally, they should be able to prove that acts of harm took place. For example, they should be able to show that they were given a lower performance rating or denied the chance to advance due to a lack of training.

Moreover, they should be able to prove that the females were treated more favorably. Those taking the same roles as the male employees should have been treated with favor. When the employee makes a prima facie claim of discrimination, the employer is accorded the chance to provide a genuine reason for their actions (McAllister, 2020). If the employer succeeds in giving the reasons, then the burden of proof shifts to the employees. The workers further illustrate that the employers' reason was an act of discrimination. Whoever provides legitimate proof wins the case.

References

Chang, Y. C. (2020). The Many Faces of Adverse Possession: Economic and Empirical Analyses of Laws in 156 Jurisdictions. Available at SSRN 3558800. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3558800

McAllister, M. C. (2020). Compare This: How Employers Use Comparator Evidence to Defeat Employment Discrimination Claims. Available at SSRN 3515013. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3515013

Miller, R. L. (2016). Business Law Today, Comprehensive. Cengage learning.https://www.cengagebrain.co.uk/shop/isbn/9781305575011PF