CA Bar Exam 練習答案: Remedies (Feb 2000)

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問題文

February 2000
https://sites.google.com/site/easybarpasser/past-exams/2000#TOC-Remedies-

Chemco built a chemical processing plant in a rural area. As part of its operations, Chemco discharges waste into a local river at levels that are low, but constant. Chemco carefully monitors discharge levels on a regular basis.

About six months after Chemco began operations, Pat, a rancher, purchased a tract of grazing land traversed by the same river approximately one-half mile downstream of Chemco's location and stocked the tract with several thousand head of cattle. Within several months, some of Pat's cattle began to get sick and several died. Pat initially attributed the loss of his cattle to a variety of causes, including a recent change he had made in their feed. After another year following the onset of sickness among his cattle, with continuing loss of animals, Pat decided to test the water in the river. He discovered that the level of toxic substances in the local river is sufficient to cause sickness and death to his animals. During the preceding year, Pat's cattle loss totaled about $100,000, and he projects that his losses will increase every successive year unless Chemco stops discharging waste into the river.

Chemco employs more than 1,000 persons in the rural community, by far the largest employer in the county. As a result of Pat's complaints, Chemco hired an engineering firm to investigate the wastes being emitted at its plant and learned that installation of a new filtration system could substantially reduce, if not eliminate, the emission. The filtration system would cost almost $1,000,000, a sum that Chemco could pay only if it were financed over a ten-year term. Relocation of the plant would cost many millions of dollars and would cause Chemco to cease operations. Hauling, storing and distributing water for Pat's cattle from alternative sources would cost approximately $100,000 per year.

Pat sued Chemco requesting an injunction either to enjoin all operations of Chemco or to require that Chemco cease or remedy the discharge or to require Chemco to furnish Pat with clean water from alternative sources. Pat also claimed that he should be awarded substantial damages to compensate him for his past and prospective losses. Chemco opposed the prayer for an injunction on the ground that its operations in the area preceded Pat's activities, and asserted that either an injunction requiring any of the remedies sought by Pat or an award of damages of the magnitude sought by Pat would put Chemco out of business.

1. What arguments might be made for and against an injunction incorporating each of the forms of injunctive relief being sought by Pat, and what would be the likely result of each? Discuss.
2. How should the court rule on Pat's claims for past and prospective damages? Discuss.

Do not discuss state or federal environmental laws.

答案