Recognizing and Minimizing Tort and Regulatory Risk Plan
Environmental Regulation is perhaps the most stringent area of government’s regulation in business. The government imposes great technology investment demands on the industry for regulatory compliance. One single act of irresponsibility can cost businesses greatly or be forced to close (Business Regulation Simulation, 2009). It is important to identify, manage, and correct torts and regulatory risks for Alumina, Inc. so legal issues do not arise in the future.
Alumina, Inc. is a $4 billion dollar USA-based industry leader in Aluminum making. They operated in eight countries around the world. The US accounts for seventy percent of its sales. Their business interests are in: automotive components, manufacturer of packaging materials, and aluminum smelting. Alumina falls under jurisdiction of Region 6 of the EPA. A tort is the French word for a “wrong.” The law provides remedies to persons and ...view middle of the document...
The liability tort must prove failure to protect and failure to warn.
Alumina, Inc. has a clean record in compliance issues except the violation that took place five years ago resulting in punitive damages. Because of their previous track record they are in a good position to defend themselves. The plaintiff has to compile evidence displaying Alumina, Inc. knowingly acted negligent. The responsibility for Ms. Bates and her legal counsel may be difficult and unsuccessful. The final judgment will lie in the decision of a judge or jury to be convinced the elements of these torts were not present. However, I would not recommend going to court, mediation in this situation would be better to save time, money, and reputation.
Alumina will put a plan of action in place to prevent further litigation. We will be hiring permanent full-time employees that have a background in dealing with the EPA. These staff members will be testing the water of the lake every two days to make sure the level of PHA is under the EPA’s guidelines. They will be continuing daily to study the current and changed laws that effect Alumina’s business practices. They will be holding a mandatory class every Thursday evening for thirty minutes to update every staff member on current issues, EPA laws, torts, and regulatory risks. We will be blogging daily about our levels of PHA on our website to let the public know that we are continuing to protect them from pollution. Also, we will have the Public Relations department give press releases every two weeks to update the community. If in the future we must deal with lawsuits our legal council will be using mediation.
Alumina, Inc. will be identifying, managing, and correcting measures of tort and regulatory risks. The company will be working together to meet EPA standards, avoiding liability, and getting back the public’s trust.
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