Clean Water Act, Rent Reduction, and Endangered Red-Cockaded Woodpecker

Business Law Briefing Paper
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Briefing Paper 1: Critical Legal Thinking
Is the EPA permitted to use cost-benefit analysis in promulgating rules for technology to be deployed by existing point sources of water pollution under the Clean Water Act?
The cost-benefit analysis provides insights into the effects of the industrial plant in consideration on t5he users, the non-users, the surrounding effects and the social benefits. The benefits are usually expected to outdo the cost of sacrificing the intended resource, for example, the environment. The Clean Water Act approves EPA to establish standards for controlling water pollution. EPA should set performance standards for the concerned plants; this involves the maintenance highest performance standards by the use of the best technology. Therefore, EPA is not authorized to use cost-benefit analysis as the ‘best technology’ would be compromised as long as the benefits outdo the costs.
Briefing Paper 2: Laws Case with AnswersBrief the facts of the case and your opinion on the 80% reduction in rent
Implied warranty of habitability involved providing a serene environment that would prove no threat to health and safety. Also, the specifications of the building, like the lifts and the air-conditioning system should be up and running to the expected standards (National Conference on Business Ethics, 1990). These were not fulfilled as part of the warranty by the landlord; Water seeped into the air-conditioning system that were inoperative, and the health standards were compromised as stench came from the garbage in the garage.
The 80% reduction in rent should be upheld considering the breach of contract by the landlord directly affected the three aspects of the warranty of habitability i.e. life, health, and safety. The full rent would be reinstated once the tenant’s grievances are solved.
Briefing Paper 3: Critical Legal Thinking Cases
Considering Section 24.7 Endangered Species
The red-cockaded woodpecker lives in pines at least thirty years old. Their population has decreased invariably as their habitat are clear-cut. Therefore, it is classified as an endangered species meaning that its habitat has to be protected at all cost to redeem its population. The U.S. Forest Service might be entitled to the duty of providing timber and also protecting wildlife, it acted unethically leasing the woodpecker's habitat for lumbering. Considering its endangered stature and the time it takes to reinstate the woodpecker's habitat, the Sierra Club would win this case (National Conference on Business Ethics, 1990).
Considering Section 25.2 Americans with Disabilities Act
According to the Americans with Disabilities Act (ADA), theaters have to provide a sitting plan with lines of sight comparable to the other members of the public. In the Cinemark Inc. Theater, there’s a stadium style sitting plan w...