Category: Pollution

Plastic pollution is a serious environmental hazard that threatens the integrity of many ecosystems as well as the health and prosperity of both human and marine life. At the same time, there is very little progress being made in that department, with any ecologically-inclined initiatives being taken only on local and regional levels. The purpose of this paper is to investigate the political and economic barriers that hamper the efforts to reduce plastic pollution and discuss the ways in how they could be overcome.

The Politics of Plastic Pollution

Despite the damaging effects that plastic has on the environment, many companies and businesses are directly interested in maintaining the existing status quo (Dauvergne, 2018). Food and beverage companies are some of the biggest users of single-use plastic packages, such as bottles, glasses, and wrappings. Since plastic is cheap, it allows them to keep the overall price of the product competitively low, which would have been different had they used glass, metal, or paper for packaging.

Although Coca-Cola recently signed the UK Plastics Pact to improve its public image, the company was known to lobby anti-environmental laws that prevented regulation on plastic use for decades on end (Dauvergne, 2018). The plastics industry is connected to the oil industry, which is one of the most influential political players in the world (Dauvergne, 2018). Thus, the coalition against the environment is powerful and well-represented in international politics. These companies are putting their short-term interest ahead of the environment.

The Economics of Plastic Pollution

Plastics are considered to be one of the cheapest packaging sources currently available on the market. It helps keep the products competitive by reducing the amount of money and material spent on individual packaging as much as possible.

However, the incremental price of plastics is much higher than initially anticipated because of the damage it does to the environment. Nobody calculates the impact on marine life and human health when making spreadsheets for expenditures and revenues because the company does not have to directly bear the costs (Beaumont et al., 2019). At the same time, the damage dealt by plastics to the marine populations and the environment exceeds 2.5 trillion USD per year (Beaumont et al., 2019). Had the plastic-producing companies been responsible for these expenditures, plastic would have ceased being an economically viable solution.

Overcoming Political and Economic Hurdles

To solve the plastic problem, a series of complex solutions are required. Although nearly every plastic and oil-producing company announce its “commitment to the environment,” there is very little evidence to suggest their genuine concern and willingness to protect the environment at the price of losing revenue or competitive value. Therefore, a political solution would require action from all governments involved, which would be a force greater than the international plastic lobby. It could be used to enforce new universal rules regarding plastic production and disposal.

Alternatively, the same body could use its power to place the collective burden of 2.5 trillion dollars a year on the companies responsible for it (Dauvergne, 2018). However, that solution is unlikely to work, as the world’s political map is currently fragmented, and the ability to enforce such decisions is limited. The other solution is to provide alternative means of packaging from biodegradable and replenishable materials (Ganesan, Shanmugam, & Bhat, 2018). One potential solution involves making degradable plastics from seaweed, which is a readily available resource.

Conclusions

Plastic pollution is a serious political and economic problem, as the forces of the market dictate for companies to place competitive pricing and revenue about anything else. While a purely political solution is possible, the current state of the world government systems will not allow its implementation on a large scale. A technological solution is more likely to succeed. The research should focus on providing large companies with alternative means of producing packages for items and foodstuffs to reduce the amount of plastic disposed into the oceans.

References

Beaumont, N. J., Aanesen, M., Austen, M. C., Börger, T., Clark, J. R., Cole, M.,… & Wyles, K. J. (2019). Global ecological, social and economic impacts of marine plastic. Marine Pollution Bulletin, 142, 189-195.

Dauvergne, P. (2018). Why is the global governance of plastic failing the oceans? Global Environmental Change, 51, 22-31.

Ganesan, A. R., Shanmugam, M., & Bhat, R. (2018). Producing novel edible films from semi refined carrageenan (SRC) and ulvan polysaccharides for potential food applications. International Journal of Biological Macromolecules, 112, 1164-1170.

Case Study 1

Crime may be defined as an act or omission prohibited or punished by law (Issues Online, 1). This involves the infringement of the criminal law which is a wrong against an individual or state. From the case conditions, a crime was committed by the members of Students for Fair Tuition (SFT) through the invasion of the Dunfee Hall and the attempted break down of the door to Dalton Chandler’s office who was the president of Gigantic State University (GSU). Another case of crime occurs when Steve Steel a radical leader of the SFT threatens to shoot at Chandler’s secretary with a squirt gun had she moved causing her to collapse through probable intense fear depicted in her sobbing. According to the law pointing a weapon to a defenseless and harmless person, in this case the squirt gun is prohibited and one can be convicted of crime.

By definition, negligence is the omission to do something which a reasonable man would be expected to do when guided by conditions of human conduct (WIKIPEDIA, 2). From the conditions in the case the president of GSU is negligent in the provision of standard Tuition fees. This is clearly shown by the action of the SFT in organizing a protest against the rising tuition costs at the University. If the president was a reasonable person he would have attended the problem in it’s early stages and not allow this to run out of proportion.

Law can be described as a set of commands of human conduct prescribed by human beings and for the obedience of human beings, and this to some extent is an expression of the morality of a particular people. Rights on the other hand are the things one is entitled to enjoy. In the law of torts, ‘harm’ is considered when there is physical invasion to a person there fore in the case there was no violation of this law as the secretary was not harmed by the action of the SFT leader in slapping off the phone from her hands. However, there was the infliction of fear in the secretary by the threats to shoot her if she moved which is considered an assault.

Since there was no case of physical invasion, the leader of the SFT and the members of his group cannot be held liable. This is because in the law of torts, ‘’harm’’ is taken as a physical invasion of a person or property and requires payment of damages for ‘’emotional’’ harm only if the harm is due to the physical invasion (Edward 1997, p.127-129) which was not the case in this case. This means that members of the SFT would only be held liable in tort liability only if the secretary was harmed physically.

In the case in GSU University, the possible tort liabilities can be discussed in brief as will follow. An assault is the creation of fear or apprehension of battery in one person by another (Edward 1997, p.129 -132). However, for an assault to be subject to legal action this has to be specific and close thus in accordance to the law of torts. Therefore in the case since the threats by SFT were merely verbal with possession of a toy weapon, there was no one liable in tort. Battery involves the infliction of violence to the person by another and involves physical contact which is an exception in this case as there was no case of this.

From the case it is clear that there was the infliction of emotional distress to the secretary evidenced by the inability of the secretary not report to work for a week after the incident occurred. Moreover, she could only reform and come back after heavy doses of tranquillizers prescribed by her doctor. False imprisonment is constituted when a person’s physical freedom is unlawfully restricted which is the case when the secretary is restricted from any movement by the SFT leader.

Case Study 2

From a simple definition, negligence involves doing something which a prudent and reasonable man would not do. For the plaintiff to succeed in an action for negligence, he must prove that there existed a legal duty of care. Furthermore, he has to prove that there was a breach of that duty that caused harm to him. In the case in question, Steve Simple (the plaintiff) was owed a legal duty of care by the Minor State Teachers College (MSTC). It was in the duty of MSTC to ensure the safety of Steve which it failed, leading to a breach of the duty. Despite an earlier occurrence where pigeons were fried, MSTC did not take an obligation to repair the short circuit so as to provide safe working conditions for its employee. Due to the failure to meet the obligation, Steve is electrocuted in the course of his employment making MSTC liable in negligence. Therefore, the institution is prone to any legal action that can be taken by the plaintiff’s family in the view of settling damages.

Fault involves the taking of responsibilities for a wrong and this involves the liability of the defendant in reference to the plaintiff. In the case, the MSTC has to take responsibilities in the electrocution of Steve due to the breach of duty owed to him.

A defendant may behave negligently towards a plaintiff and yet still not be the cause of his injuries or misfortune. Therefore, causation is concerned with the problem of weather the defendants conduct caused the plaintiff’s damage. In this case, though the MSTC was negligent in carrying out its responsibilities of carrying out maintenance on the campus water tower it may be exempted from liability of causation.

The occurrence of a related event to a legal and recognized harm that can be held as its cause, will amount to proximate cause. In this case, though the main cause of the electrocution was due to lack of maintenance, the thunderstorm may have been the cause of the electrocution.

From the facts in the case, there is clear evidence of the assumption of risk by the plaintiff. It is used by a defendant as a defense to prevent a plaintiff from recovery against negligent tortfeasor only if he can prove that the plaintiff knowingly and willingly assumed the risks inherent to the dangerous activity he is about to undertake (WIKIPEDIA, 1). In the case, Stephen assumed the risk he was posing himself to by climbing to the water tower in a thunderstorm where he could easily be struck by lightening or the short circuit due to the water from the rain. From the facts in the case MSTC win its defense through the defense of assumption of risk.

Where the plaintiff shows lack of reasonable care for his own safety when undertaking certain obligations, this will amount in contributory negligence (WIKIPEDIA, 1). In such cases the court has the power to cancel the damages awarded to the plaintiff if he is found guilty of this. In the case before hand, Steve Simple is guilty of contributory negligence. From the facts at hand, we are seeing him climb the campus water tower despite the progression of the tremendous thunderstorm just after taking a six pack of Hudepohl beer. A reasonable man can not do what Steve did and therefore his electrocution; despite the MSTC liability, he is also guilty of contributory negligence.

Comparative negligence is a modification of the contributory negligence, where the court will have a right to reduce the amount of damages that can be awarded to a plaintiff if he is found guilty of contributory negligence. From the case, the plaintiff is guilty in the sense that he went to work despite the risky conditions of weather which could have had a contribution in the short circuiting due to the presence of rain water.

Works Cited

“Assumption of risk.” WIKIPEDIA: The Free Encyclopedia. 2009. Web.

“Chain of causation.” WIKIPEDIA: The Free Encyclopedia. 2009. Web.

“Negligence.” WIKIPEDIA: The Free Encyclopedia. 2009. Web.

Rothbard, Murray. “Law, Property Rights, and Air Pollution: The Logic of Action Two, Cheltenham.” Edward Elgar. (1997) pp. 127-132.

Introduction

As directed by the President, the report outlines a couple of issues that the company wishes to clarify. The company, Simply Green Products has been in existence for quite a long time. It has managed to adhere to the rules and regulations of the Federal government to the end. Adherence to the United States Environmental Protection Agency code of conduct, requirements, standards and regulations has always been the core value of the business (Bortman, 2003).

Problem Statement

The company, as the entire management is aware of, produces high-quality eco-friendly packing materials. It means that the biodegradable materials can procedurally dissolve when they come in contact with the bacteria, fungi or other biological stuff in the natural environment. The natural decomposition is the surety that the company to the environmentalist organizations and the citizens (Johnson & Berkel, 2011).

There is considerable proof that the company has been the primary producer of the packaging materials for the orchards in the Shenandoah Valley. For many years, these farmers have relied upon the Simply Green Products. The company undertook to advertise the products in the trade journals using the name SafePack as its brand since the year 2008.

The pollution allegations by the said environmental group may seem baseless, but they need investigation to prove the validity of the matter. They claim that the pollution from the materials might cause environmental problems. Another diversion aimed at the company’s central market comes from the SafePark Materials Pollute. They launched an internet campaign to compel the Orchards to stop buying the business products since they pose a health hazard to the environment (Zavaletta, Jones & Bagley, 2006).

The government has a law that protects a legally registered business against malicious damage. If these claims lack any truth in them, then the company can register its concern with the authorities and even through the courts to shield the business from losses.

The Way Forward

The United States Environmental Protection Agency (EPA) is the legally instituted government agency to handle environmental matters. Under the Resource Conservation and Recovery Act (RCRA), there are laid down regulations to regulate and monitor the environmental issues.

Although there are going to be some amendments to the Act, but the 2008 final rule gives a precise definition of solid waste under the Solid Waste Disposal Act. It also guides one about the processes and steps that people should follow in disposing of such waste. The Clean Water Act is also another rule that can affect the company’s operations as a result of the environmental concerns (Gross & Dodge, 2005).

The company is in a very precarious condition right now. Before embarking on these disposal methods, Simply Green Products made sure that EPA officials visited the firm and conducted their research based on the technical team’s findings. They confirmed that the materials the firm produced were truly biodegradable.

However, the leakage of the company’s products into the stream must be a serious area of concern. It violates the Clean Water Act. The company needs to take the legal action from the courts to restrain SafePark Materials Pollute from participating in the internet campaign against its products.

SafePark Material Pollute must first do their research properly before embarking on a damaging campaign. Instead of the smearing campaign they should engage the company and the Environmental Protection Agency.

The Anti Degradation Policy is meant to ensure that all surface waters remain clean and useful for swimming, fishing and other water uses. It also protects and maintains the water quality. EPA has the primary mandate to enforce a majority of the environmental statutes and regulations. Therefore, the agency has explicit enforcement authority in environmental laws. They also make policy documents to interpret the specific issues.

They publish guidelines to provide clarity and assist in the implementation of environmental regulations. Perhaps it would be advisable for the company o peruse through these documents to enable the management take a stand.

There are several reasons why the company should seek outside counsel. One of them is because the matter needs to be argued and addressed from a more professional point of view. It is sensitive in that it touches on the sole business of the day to day running of the company.

The involvement of the government in the matter is of great concern. If the matter gets out of hand, it can lead to loss of jobs as the decision might result in closure of business. The principal customers might lose trust in the company and find another supplier.

The legal counsel is more qualified in such matters and can be able to advise accordingly on the processes the company can use to save the business. The counsel needs to advise whether the advertisements in the trade journals should continue or if there is need to halt. The later decision could hurt the organization since it has become the primary means of reaching new business.

Conclusion

The management should plan to get started on the necessary steps that should lead to success in the matters before the public domain. The benefits the company seeks to reap far outweighs the costs to the firm will incur and the damage that the environmentalists have already caused. It is advisable that the management acts with the desired speed to find an amicable solution.

References

Bortman, M. (2003). Environmental encyclopedia. Detroit: Gale.

Gross, J., & Dodge, L. (2005). Clean Water Act. [Chicago]: Section of Environment, Energy, and Resources, American Bar Association.

Johnson, B., & Berkel, Z. (2011). Biodegradable materials. New York: Nova Science Publishers.

Wentsel, R. (1981). Restoring hazardous spill-damaged areas. Cincinnati, OH: U.S. Environmental Potection Agency, Research and Development, Municipal Emnvironmental Research Laboratory.

Zavaletta, J., Jones, J., & Bagley, C. (2006). Managers and the legal environment, strategies for the 21st century, fifth edition [by] Constance E. Bagley, Diane W. Savage. Mason, OH: Thomson/West.

Background

ACME Valley Entertainments Ltd approached our Environmental consultancy for getting ideas on BPM (Best Practicable Means) to defend a case of Statutory Nuisance. The theme park is situated near to residential area which has given them the current legal challenge. The noise from the park has created noise pollution in the premises and appellants filed a case against them in local authorities under s82 Environmental Protection Law. There are chances of a noise nuisance abatement order against ACME Valley Entertainments Ltd and they wish to face the situation using BPM defence. The paper includes aide memoir for the presentation prepared for ACME to explain on BPM and use of it as a defence against s82 Environmental Protection Act in their Board Meeting. BPM is defined and analysed as a defence as applicable to our case. A similar case that happened in UK during 2007 is sought out for analysing the situational hope of ACME Valley Entertainments Ltd.

Introduction

Main objective is to analyse the current situation and dig out possibilities of favour for our part to defend the statutory nuisance case filed in local authorities. First thing to be accomplished for best approach to the case is to find out other similar cases in West Law involving theme parks, neighbours and noise pollution and study on it for seeking out possible defences available. Best Practicable Means which is the current requirement of ACME Valley can be identified easily in that case. The identified BPM can be absorbed into our defence against the statutory nuisance case under s82 Environmental Protection Act.

Define BPM

BPM stands as an abbreviation for Best Practicable Means. Best Practicable Means is widely considered as a “non-technical explanation of a widely used defence against statutory nuisance actions.” (Best Practicable means 2008, para.1). BPM has nothing to do with technical aspects but just to identify some practicable ideas to defend ourselves. BPM is “used to prevent or counteract the nuisance.” (Wolf & Stanley 2003, p.394). The local conditions and circumstances should be taken into account while identifying and formulating Best Practicable Means for our situation. Noise Pollution affects the health as identified by medical reports but on those grounds it is unpractical to stop games and music in theme park.

Use of BPM Defence

A case under s82 Environmental Protection Act can be encountered using Best Practicable Means alone or else there should be a complete elimination of identified nuisance. But it is never possible to eliminate sound from premises of a theme park, so only approach available is to defend with BPM. If any statutory nuisance is identified by Court of Law, an abatement order will be sent to the respondents. In order to face that order, Best Practicable Means is sought out. Defence using Best Practicable Means is used “when appealing against an abatement notice or as a defence in a prosecution for non-compliance.” (Scottish executive environment group: Draft noise management guide: Guidance on the creation and maintenance of effective noise management policies and practice for local authorities and their officers in Scotland 2005, para.38).

Alton Theme Park Ltd

Alton Theme Park Ltd is of much significance in our discussion. It is “UK’s Largest Theme Park & Family Fun Resort” (Family fun weekends at the Alton Towers Resort, n.d.) which had to face a similar case of statutory nuisance in 2007 under West Law. The case was filed against Alton Theme Park by inhabitants of that area owing to increased intensity of noise from the park. The area where theme park was situated had many residential plots to its proximity. “Statutory Nuisance – Noise Roper V Tussauds Theme Park Ltd. [2007] EWHC 624 (Admin)” (Case law report 2007) was filed and respondents were on trial under s82 Environmental Protection Act as nuisance was identified.

S82 Environmental Protection Act

“Noise nuisance is covered by Part III of the Environmental Protection Act 1990 (EPA).” (Noise pollution n.d, para.2). The law was introduced against environment polluting activities which can cause threat to health and wellbeing of human beings. Environmental Protection Act “empowers local authorities to deal with noise from fixed premises (including land) if they consider that the noise amounts to a statutory nuisance.” (Noise pollution n.d, para.2). Under this act, authorities are given the responsibility of investigating and identifying statutory nuisance and take relevant steps to eliminate those effectively. “Statutory nuisance is a branch of law dealing with problems like pollution.” (Statutory nuisance 2008). The environmental pollutions including noise pollution come under statutory nuisance.

Magistrates’ Court

Statutory Nuisance – Noise Roper V Tussauds Theme Park Ltd. [2007] EWHC 624 (Admin) was filed in Magistrates’ court. Appellants “served a notice under s82 of the Environmental Protection Act 1990 on the respondent” (Scottish executive environment group: Draft noise management guide: Guidance on the creation and maintenance of effective noise management policies and practice for local authorities and their officers in Scotland 2005) demanding halt to noise pollution produced by Alton Theme Ltd. Magistrates’ Court identified Statutory Nuisance in the case and forwarded an abatement order against respondents along with a huge fine for their misconduct that led to noise pollution. The respondent was asked to eliminate noise pollution which produced irritation to inhabitants of that area. Alton Theme Park was thus in problem because noise cannot be eliminated from an entertainment park rather it should be closed and also an amount as fine has to be spent.

Crown Court

Respondents could not accept the judgement of Magistrates’ court, so filed an appeal at Crown Court. Crown court “upheld the appeal” (Scottish executive environment group: Draft noise management guide: Guidance on the creation and maintenance of effective noise management policies and practice for local authorities and their officers in Scotland 2005) and fine was reduced along with amending of abatement order. Crown Court identified that noise cannot be eliminated completely but can be kept at a limit. Crown Court “limited the park’s noise emission to a maximum of 40 dBA when measured from the defendant’s property.” (Scottish executive environment group: Draft noise management guide: Guidance on the creation and maintenance of effective noise management policies and practice for local authorities and their officers in Scotland 2005). Noise can reach to a maximum of 40 dBA as explained by the amended abatement order, which illuminates the situation of Alton Towers Ltd where noise is an inevitable part of theme parks.

Queen’s Bench Division

The appellants were not ready to accept amended abatement order and reduced fine. “The appellants were of the view that the order should have imposed more stringent standards on the respondent.” (Case law report 2007, para.1).

Appellants thus filed an appeal over Crown Court’s judgement in Queen’s Division Bench. But Queen’s Division Bench identified it as an honest judgement. Queen’s Division Bench identified “World Health Organisation guidelines one was dealing with noise levels” and obligations with “regard to commercial considerations” in abatement order forwarded by Crown Court. (Case law report 2007, para.2). A 3 dBA difference was introduced by abatement order, which was likely to bring about perceptible variation in the opinion of Queen’s Division Bench.

BPM Recognized

The study of the case against Alton Towers on statutory nuisance illuminates ideas on Best Practicable Means as defence. The higher courts of justice recognized the situation of theme parks and noise coexistence. This gives hope on the matter of BPM. Judgement is not purely based on Pollution and Health problems in favour of the appellants but was made by including practical aspects and commercial considerations effectively. The investigation on case makes clear about the fact that courts opt for Best Practicable Means. Rather than ordering to completely eliminate noise, they were asked to keep a maximum limit of 40 dBA.

Relevance of the Case

The case on Alton Towers and judgements are relevant to the current situation of ACME Valley Entertainments Ltd. Judgement on Alton case identified that a 3 dBA difference is perceptual for appellants as they were prone to noise which is BPM for such a situation. Similar approach of BPM can be expected in our case as well. Court of Justice will never favour health aspects alone, but will support commercial Best Practicable Means also. Never a judgement can be made to stop well functioning of a firm like ACME Valley Entertainments Ltd which is a theme park with successful business.

Conclusion

The paper demands explanation of presentation on case study of ‘Statutory Nuisance – Noise Roper V Tussauds Theme Park Ltd. [2007] EWHC 624 (Admin)’. The relevance of this investigation is pointed out with a highlight on Best Practicable Means as applicable to case filed in local authorities by inhabitants nearby ACME Valley Entertainments Ltd. against statutory nuisance due to the activities of theme park. Judgement forwarded in the case of Alton Towers Ltd gives hope for ACME Valley Entertainments Ltd. Higher authorities of UK’s court of justice had supported the commercial and situational aspects of Alton Towers Ltd. So, it becomes obvious to respondent of this case that no authorities will stop their activities but will only put a limitation which is practicable in all senses. That is, only Best Practicable Means will be imposed which is identified through investigation on previous case under West Law.

Reference List

Best Practicable means, 2008. NoiseNet.org Ltd.

Case law report, 2007. Health Protection Scotland. Web.

Family fun weekends at the Alton Towers Resort, n.d. Alton Towers. Web.

Noise pollution, n.d. Environmental Protection UK. Web.

Scottish executive environment group: Draft noise management guide: Guidance on the creation and maintenance of effective noise management policies and practice for local authorities and their officers in Scotland, 2005. The Scottish Government. Web.

Statutory nuisance, 2008. Friends of the Earth. Web.

Wolf, S., & Stanley, N., 2003. Wolf and Stanley on environmental law. Routledge Cavendish. P.394.

Introduction

Crimes against public order are significant and impactful because they imply negative consequences for numerous people. In general, a community is a group of people who live in a particular area and abide by some rules to prove that no one creates problems or inconveniences for others. However, some people violate these regulations and commit crimes against public order. Crimes against the environment are a suitable example of this category because various people and organizations tend to violate environmental laws for different reasons. In particular, water pollution is a widespread crime against the environment, even though it is a severe felony that can result in harm to many people and vast territories. The given memorandum is going to mention what regulations govern this crime, how it is possible to prove this violation, an applicable case, and why criminal justice professionals should know this information.

Discussion

In Louisiana, the situation with water supply is challenging because its waterways suffer from high pollution levels. That is why state legislation addresses the issue and governs crimes that contribute to the problem. In particular, RS 30:2076 indicates that people are prohibited from discharging “any waste or any other substance of any kind that will tend to cause water pollution in violation of any rule, order, or regulation” (Louisiana State Legislature, n.d.a, para. 2). In addition to that, no person is allowed to discharge brine from salt domes into internal waters or pollute underground waters with hazardous waste (Louisiana State Legislature, n.d.a).

This waste refers to any substance that can lead to higher mortality, irreversible or incapacitating illness, or severe hazard to living organisms, including people (Louisiana State Legislature, n.d). Thus, when a person witnesses that another individual pollutes water, the person should notify the offender of this fact (Louisiana State Legislature, n.d.b). If the offender fails to take any action to stop misbehaving, the person may undertake civil action for appropriate relief (Louisiana State Legislature, n.d.b). This is how the Louisiana legislation governs water pollution crimes.

There are specific elements that are required to prove a violation. It is possible to state that a person has negligently committed the crime under analysis. Such a statement is found when a person introduces into a public sewer system any pollutants or hazardous substances but fails to have a determined intention to cause harm (Louisiana State Legislature, n.d.c). Such offenders are subject to a fine, a maximum of one year imprisonment, or both (Louisiana State Legislature, n.d.c).

Knowing violations occur when a person commits the same actions and understands and anticipates the harmful consequences. In this case, a punishment includes a $5,000-$50,000 fine per day of violation, a maximum of three years imprisonment, including or excluding hard labor, or both (Louisiana State Legislature, n.d.c). Furthermore, a person can be charged with knowing endangerment if they understand that they are going to commit an action that will contaminate water and cause negative consequences for nature and other people (Louisiana State Legislature, n.d.c). This information demonstrates that proving the violation focuses on the actual or implying harm and the offenders’ intention or lack thereof.

It is reasonable to consider a legal case to understand how the issue of water pollution can be represented in lawsuits. County of Maui, Hawaii v. Hawaii Wildlife Fund et al. (2020) is a suitable case to cope with the task. According to the Clean Water Act, it is prohibited to add any pollutants to navigable sources (County of Maui, Hawaii v. Hawaii Wildlife Fund et al., 2020).

Previously, this legislation only referred to point sources of pollution, including pipes that move contaminated water in streams, lakes, or bays. That is why Maui County in Hawaii pumped treated water into the ground through wells. However, the Supreme Court issued a 6-3 decision that a permit was required to perform a direct discharge of polluted agents into groundwater (County of Maui, Hawaii v. Hawaii Wildlife Fund et al., 2020). The basis for this ruling was that the activities of Maui County finally resulted in the fact that contaminated water reached lakes, rivers, and oceans. This decision was an important victory for hydrologists who advocated for water protection.

All the presented information demonstrates that the issue of water pollution is significant and finds its reflection in legislation. In addition to federal legislation, states can have specific regulations, and Louisiana utilizes this opportunity. A criminal justice professional should understand the legal parameters that govern the selected crime to understand which actions are legal and which ones are illegal. The selected case reveals that it is possible to interpret water pollution legislation in different ways, which denotes that specific attention should be drawn to this phenomenon. Criminal justice professionals should be aware of subtle details that make a difference when courts make their decisions. In other words, this information can provide these individuals with an opportunity to analyze an issue thoroughly and predict how the jury will analyze the case if it is brought before the court.

Victimless Crimes

In criminal law, there is a concept of victimless crimes. This term is used to indicate wrongdoing that does not imply any third-party victims or casualties. Examples of such crimes include prostitution, gambling, drug use, pornography, and other misbehaviors. Even though a generally accepted approach is to classify these wrongdoings in this manner, it is still debatable whether these activities are truly victimless. I am sure that the term is inadequate, which denotes that every crime has a victim, even if implicitly, and a few examples prove this statement.

Firstly, it is reasonable to look at drug use to demonstrate that it is not victimless. This crime implies that a person possesses and consumes illicit substances that affect their mental and physical performance. Even though the fact of using drugs is not harmful to anyone except for this individual, a person under the influence fails to control their behavior to a full extent. This condition makes this individual more likely to commit wrongdoings or harm others. Furthermore, if drugs are used in public, this fact can be classified as propaganda for illicit substances. This information denotes that different victims can be associated with this crime.

Conclusion

In conclusion, gambling is another seemingly victimless crime, but this misbehavior can be negative for various people. When a person engages in this activity, they can suffer financial losses and incur huge debts. These outcomes are adverse for the gambler’s family and other relatives because all these people are typically forced to solve the problem. This information demonstrates that if people cannot cope with their passion, gambling can hurt them and other individuals. That is why specific efforts should be made to ensure that gambling is not easily accessible to everyone.

References

County of Maui, Hawaii v. Hawaii Wildlife Fund et al., 140 S.Ct. 1462 (2020). Web.

Louisiana State Legislature. (n.d.a). RS 30:2076. Web.

Louisiana State Legislature. (n.d.b). RS 30:2076.1. Web.

Louisiana State Legislature. (n.d.c). RS 30:2076.2. Web.

Louisiana State Legislature. (n.d.d). RS 30:2173. Web.

The Legal Issue in this Case

The main legal issue of this case is the collision of two ships that led to the killing of millions of people and the dumping of waste along the sea. The incident can be referred to as one of the most tragic cases in the history of Kuwait (Video). The case resulted in decomposed bodies, pollution of the water, and dumping of the ship’s wreckage along the seashore. Therefore appropriate environmental law must be taken to help in guiding the best way of dealing with the case.

Article 77 in Law No. 42 of 2014

This law calls for protecting and maintaining natural resources and combating any form of pollution that may damage the environment. The law further burns any party or institution from carrying out any work without taking care proper assessment of the environmental impact (Bambulyak & Ehlers, 2020). Therefore, it obliges all institutions to implement all the engineering and environmental standards the law sets. This approach guarantees the preservation of biodiversity and promotes sustainable development.

How the Government Reclaims the Civil Loss

When a ship collision occurs, the Kuwait government compensates the affected. The above liability is guided by the Kuwait Maritime Law no 28 for 1980. During that period, three critical factors are considered. These include the act which resulted in the loss, the nature of the damage, and the causal link between the damage and the act. By using the above-stipulated approaches, the government will have the opportunity to reclaim the losses created.

Similar Cases

Surprisingly, it is notable that similar cases as the one shown had occurred. In February 1981, Hellenic Navigator collided with a thirty-man crew and damaged a stationary Aramco oil mining company ship (Lee et al., 2019). When the issue was presented to the law court, it was discovered that the former was liable for the damages. It was discovered that the ship’s captain had failed to take the necessary measures before ramming the docked Armco ship.

The Solution

The best solution to the issue is to train and educate the captains to avoid such cases. Subsequently, when they occur, it is crucial for the institution to take charge of the damages caused. Furthermore, they should be compelled to clean the environment where the damages have occurred. The application of such a principle will ensure that the ship owners become vigilant and reduce the possible cases of damage.

The Ethical Issue in this Case

The main ethical issue is the high carbon footprint left behind by these forms of damage. In most cases, the high level of pollution results in the loss of biodiversity (Aljamali et al., 2021). This trend may further results in the death of a high number of the human population if no proper measures are undertaken. Therefore, it is critical for the government and concerned bodies to make the necessary measures and reduce the chances of such forms of pollution.

How to help EPA Solve the Issue as Computer Engineer

As a computer engineer, I am ready to develop some of the best software to help guide captains when navigating the sea. My software will use the principle of compass direction to detect the path and give a warning sign in case of danger (Aldosari, 2019). I believe in this guidance’s ability to help reduce the possible reoccurrence of the case.

The Latest Research and Nations Affected

The latest research on the issue is that the case may be avoided as much as possible. Using the most advanced technologies, the captains may have to watch out for possible collisions (Aljamali et al., 2021). When they occur, researches indicate that thorough investigations should be carried out to determine the liable party. A similar case occurred in February 1981. Hellenic Navigator, with a thirty-man crew, collided with and damaged a stationary Aramco oil mining company ship in Saudi Arabia. The case was solved by making the former liable for the loss.

References

Aldosari, K. R. (2019). Marine safety and pollution prevention from oil spills in the Arabian Gulf: a comparative study of applicable international and regional conventions. Web.

Aljamali, N. M., Al Najim, M. M., & Alabbasy, A. J. (2021). Treatment of Oil Spills and Heavy Metals in Environment. International Journal of Metallurgy and Alloys, 7(1), 8-15p. Web.

Bambulyak, A., & Ehlers, S. (2020). Oil spill damage: a collision scenario and financial liability estimations for the Northern Sea Route area. Ship technology research, 67(3), 148-164. Web.

Lee, P. T. W., Kwon, O. K., & Ruan, X. (2019). Sustainability challenges in maritime transport and logistics industry and its way ahead. Sustainability, 11(5),1331. Web.

The ship graveyard environmental pollution in Kuwait. (Video). Web.

Renal Cancer and its significance

There are many factors that contribute to the risk of kidney problems or renal cancer. Among them is air pollution caused by smoking or exposure to certain chemical materials such as cadmium and lead. These materials are common in the industrial and agricultural industries. Renal cancer is common in people aged 60 and above. Approximately 208,700 new cases of renal cancer are reported each year in the world.

This health problem is more common in Northern America and less common in Asia and Africa. According to the United States’ NIH estimates for 2013, approximately 13,570 deaths from this problem were reported. Furthermore, this health problem continues to increase in the United States. As earlier mentioned, cadmium is one of the primary causes of this health problem in the United States (Järup & Åkesson, 2009).

Cadmium is nephrotoxic (Il’yasova & Schwartz, 2005). It can stay in the kidney of an individual for 10-30 years. It continuously damages kidney tubes hence resulting in renal cancer. Cadmium is introduced to the environment when the tobacco in a cigarette is combusted. The following table shows the percentage of cadmium exposed to the environment by specific human activities (Innes & Haron, 2000).

From the table, it is evident that anthropogenic factors are the main causes of cadmium exposure to the environment. Therefore, to prevent renal cancer, it is crucial to examine the primary causes and look for better strategies to curb the issue.

What is currently being done about this problem?

The World Health Organization has set up recommendations and policies to minimize air pollution caused by cadmium. For instance, it prohibits smoking in public areas. Many countries have implemented this policy to curb renal cancer and other health problems associated with cadmium. Most countries all over the world have ‘gone green.’ Organizations are advised to embark on strategies that stop and reduce air pollution.

For instance, many organizations recycle cadmium wastes. Some nations, particularly those in Northern America, have turned to social media campaigns against air pollution (World health organization, 2010). There are many awareness signs in different industries warning people of the hazards of cadmium. In addition, many organizations all over the world have started to provide their employees with safety measures to reduce their exposure to cadmium.

Moreover, laws have been formulated to ensure that the organizations associated with cadmium products meet specific chemical exposure standards. For instance, the Occupational Safety and Health standards (OSH) encourage countries all over the world to come up with plans that are geared towards promoting job safety and good health. The National Public Health Performance Standards (NPHPS) have also been put in place to curb health problems (World Health Organization, 2010).

Additional assistance needed for this problem

The World Health Organization should intervene and ensure that every country creates and implements laws to curb air pollution. There is also a need to keep medical surveillance records, air monitoring records, and training records to ensure that every country, organization, and person adopt safety measures against the risk of renal cancer. Moreover, community public health or stewardship intervention should be incorporated to curb renal cancer. For instance, programs should be developed to educate, inform, and create awareness on the dangers of air pollution and exposure to cadmium.

References

Il’yasova, D., & Schwartz, G. G. (2005). Cadmium and renal cancer. Toxicology & Applied Pharmacology, 207(2), 179-186.

Innes, J. L., & Haron, A. H. (2000). Air pollution and the forests of developing and rapidly industrializing regions: Report no. 4 of the IUFRO Task Force on Environmental Change. Wallingford, Oxon, UK: CABI Pub.

Järup, L., & Åkesson, A. (2009). Current status of cadmium as an environmental health problem. Toxicology & Applied Pharmacology, 238(3), 201-208.

World Health Organization. (2010). Public health and environment. Geneva, Switzerland: WHO Document production services.

Understanding where and how individuals are exposed to environmental toxins is essential. The essay compares and contrasts five different articles that relate to the environment. However, the articles differ because Pohanka et al.’s article focuses on the environmental impacts on health. Some people rely on vehicles, increasing air pollution, while others do not (Pohanka, 2004). In contrast, Segedy’s article emphasizes how car dependency impacts people negatively, mainly how some individuals depend on cars when traveling, which later ruins their health, while others do not depend on cars. Nations should establish various laws and strategies to lessen Sprawl impacts and overdependence on cars to prevent several grave health issues and fatalities.

Urban sprawl has been a major problem impacting various nations. The effects of sprawl on health workers are discussed in the article by Pohanka. The problem of urban sprawl, which affects the entire country, will be around for a while. Sprawl can have various adverse effects on one’s health, ranging from minor to severe (Pohanka, 2004). Frumkin’s article explores the connection between sprawl and health (Frumkin, 2002).

Environmental influences include air contamination, heat, corporeal activity patterns, traffic accidents, fatalities and injuries, water amount and quality, mental well-being, and social investment. People are not equally affected by sprawl, and those most impacted need special consideration (Frumkin, 2002). The development of policies must take health into account. It is similarly essential to take social justice and fairness into account because the effects of sprawl on population health are unevenly distributed. Workers cannot be isolated from the potential consequences of pollutants in their surroundings as they travel to and from work. Therefore, occupational health nurses must address these issues at work and in their communities.

Owen praises the incredible density of urban areas like Manhattan for their “greenness” in the article “Green Manhattan.” According to him, New York is the greenest biosphere’s largest metropolises and the greenest neighborhood in the United States. Due to the city’s densely populated, New Yorkers mostly use public transportation, consume fewer fossil fuels, and rely on skyscrapers, which require less energy to heat and cool each square foot of internal space than houses (Owen, 2004). Owen’s use of the word “density” makes it possible to imagine Seoul as a “green” location. Seoul produces fewer greenhouse gasses, is more energy conserved, and has less garbage per capita than suburban areas, resembling numerous qualities of Manhattan that Owen lists.

The overreliance on automobiles is a topic covered in Segedy’s article, “Baby Boomers Aging in a Car-Dependent World.” Humans started reorienting our towns and communities around the car much earlier than that, even though this shift to an engine society is typically seen as occurring after World War II (Segedy, 2018). There was almost one car for every American home, even in 1930, at the start of the Great Depression. Our surroundings will not be the same again because the genie was released from the bottle.

The goal of Zipper’s article, “The Incredibly Obvious Way to Reduce Road Deaths That Goes Ignored,” is to lessen the number of people who die on the roads due to collisions. For various reasons, taking public transportation is generally safer than operating a vehicle. The exclusive right of way given to trains (and occasionally buses) reduces the likelihood of collisions (Zipper, 2022). In comparison to automobiles, buses and trains are pretty hefty; “you are effectively in a steel suit,” as Savage put it; this provides passengers with more safety (Zipper, 2022). Another problem is the comparatively slow speed of city buses; when horrible things happen, they usually are not all that bad.

In conclusion, several people worldwide die yearly due to living or working conditions, such as environmental conditions that eventually cause death and overdependence on cars, which eventually exposes people to accidents and hence death. Heart disease, lymphoma, and respiratory conditions can all be made worse by environmental contaminants. People with lower incomes are more likely to live in polluted areas and have exposure to polluted water. Additionally, children and pregnant individuals are more in danger of pollution-related medical conditions.

References

Frumkin, H. (2002). Urban sprawl and public health. Public Health Reports, 117(3), 201. Web.

Owen, D. (2004). Green Manhattan. New Yorker. Web.

Pohanka, M., & Fitzgerald, S. (2004). Urban sprawl and you: How sprawl adversely affects worker health. AAOHN Journal, 52(6), 242–246. Web.

Segedy, J. (2018). Baby boomers are aging in a car-dependent world. The American Conservative. Web.

Zipper, D. (2022). The incredibly obvious way to reduce road deaths that goes ignored. Slate. Web.

The introduction

Noise pollution meaning

When speaking about the effects of noise pollution, it is necessary to highlight some fundamentals of the issue. So, first of all, it should be pointed out that noise is considered to be a negative phenomenon both at physiological and psychological levels.

Generally, one is to keep in mind that noise seems to be one of the most important threats to the quality of a person’s life. The modern technological developments are recognized to be the basic reasons of noise appearance. Moreover, the effects of noise pollution are especially harmful for urban areas where industry and transportation are developed.

The body

Some fundamentals of noise pollution

A sound pressure, which exceeds 70 dB, is recognized to be harmful for human ears. In most cases, “continuous exposure to such high level noise higher than the acceptable values can lead to a progressive loss of hearing and/or an

increase in the threshold of hearing” (Roba 2). It should be pointed out that such high sound levels are mostly associated with noise from factories, motorcycles, etc.

Noise pollution studies

The impact of noise pollution on people was also observed. For instance, those adults, who were annoyed by traffic noise (trains, air and road traffic) had hypertension; while for children, it was extremely hard to lean and to differentiate between the words under high sound levels.

Those people, who live in high traffic areas, have more health problems (higher blood pressures and lower heart pulse rates). The employees of some factories in Turkey also took part in the investigation. The results of the studies showed that approximately 50% of employees suffered from NIHL.

In other words, one is to keep in mind that noise-induced hearing loss seems to be the most widespread disease in industries. Lane is of the opinion that “Noise has numerous health effects, making noise pollution a public health concern; although, it has not been well addressed. To name a few, these effects include elevated blood pressure, noise-induced hearing loss, sleep disorders, and irritability” (1).

It is obvious that noise pollution is really a great problem, as there are not only adults, but also children who show the signs of noise-induced hearing loss. For instance, it might be noted that 15% of children (6-19 years old) in the USA suffer from NIHL.

Mental diseases, however, should also be taken into account, as certain studies have shown that children’s decreased attention, oppositional behavior, etc. mostly depended upon noise levels, which exceeded 55 dB. Certain difficulties with social adaptation because of high sound levels should not be neglected too. Isabelle Lane states that “Noise pollution via community noise also causes annoyance and disturbance among those with depression and anxiety and may make their

symptoms worse” (4). Generally, there are many unpleasant consequences, which noise pollution causes. A person’s ability to work well, his or her memory, concentration and motivation depend upon the conditions he or she works within.

The conclusion

The effects of noise pollution seem to be really destructive, as they deteriorate people’s quality of life. Various accidents in the workplace also occur because of noise pollution. The employees’ effectiveness and accuracy depend upon sound level they work within. Increased negative reactions are also caused by high sound levels; so, to prevent negative social and behavioral effects, one is to think about his or her hearing protection.

Works Cited

Lane, Isabelle. Noise Pollution, n.d. Web.

Roba, Mohammed Anis Saeed. The Effects of Noise Pollution on Arterial Blood Pressure and Heart Pulse Rate of School Children at Jenin City, 2010. Web.

Common health problems associated with air pollution

Indoor and outdoor air pollution causes several common health problems which according to the New Jersey Department of Environmental Protection (2009) are grouped according to the major pollutants. To begin with, carbon monoxide compromises the heart activities hence lethargy and fatigue. It also causes nausea, dizziness, and headaches and in large amounts may even lead to death. Nitrogen dioxide causes nasal and throat irritation and increases the risk of developing respiratory infections. Ozone causes irritation of the respiratory system leading to coughs, chest and throat pains. Particulates cause damage to respiratory tract tissues especially lung tissue leading to lung diseases. Sulfur dioxide is known to make worse existing lung diseases such as bronchitis, asthma, pneumonia and tuberculosis. Lead on the other hand causes damage to the brain and the nervous system with children being most susceptible (New Jersey Department of Environmental Protection, 2009; California Air Resources Board 2007a). From these, it is evident that air pollution has adverse common effects on the respiratory system and to some extent other body parts.

Vulnerability of children to pollutants

The most common health problems in children associated with air pollution occurs in the respiratory system. This is due to the fact that children’s respiratory system is not fully developed therefore immature. This means that the structures are weak and are prone to damage at the slightest exposure to air pollutants. The children’s health study by the California air resources board reported that children are more vulnerable to effects of air pollutants as they are exposed to more air pollution than adults as they have higher respiratory rates and are normally outdoors (California Air Resources Board 2007b). Other factors may include the underdeveloped immune system in children that is not able to effectively and efficiently fight off the effects of air pollution on the body and large surface area to volume ratio that exposes a large surface area to air pollution.

Needs assessment process and the role of Health educator

Community needs assessment is a systematic process in which the health educator, the nurse and other health care professionals together with the members of the community determine the health problems & needs of the community & develop plans of action and implement those plans. In this case the needs assessment process will be in relation to air pollution. The first step is exploration which involves mapping out the community with the purpose of obtaining baseline information that help plan for the rest of the assessment process. The second is step is planning for assessment exercise where by the necessary resources are put into place and objective designed, in this case it will be; to assess health impacts of air pollution and how to combat these effects. The third step is recruitment and training of assistants, fourth step is pretesting and reworking of the tool as it helps to detect faults and shortcomings after which corrections are made. The fifth step is execution of the assessment which basically involves actual going to the community and engaging the community into discussions and giving them the assessment tools so that they can feel it with relevant information. The sixth step is critical analysis of the findings and recommendations. The collected data is analyzed and then findings and recommendations are drawn. One of fundamental recommendation that will be made is to initiate Health Education and Promotion to combat the effects of air pollution. Health education/promotion empowers an individual with the much needed and relevant information that can be of great assistance in management of his/her health and other related issues. The health education and promotion will involve sources of air pollutants, their effects on human health, management and prevention measures. The health educator, the nurse and other stakeholders can carry out this activity with the help of the local health professionals working within the community and even train some community members who will be educating their colleagues; this creates a sense of belonging and ownership among the community members in that they will participate in the health education/promotion activities as their own. This empowers the community and the information stays with them even years after the time of carrying out the assessment. The final step is evaluation and just as in nursing process, evaluations helps in checking if the assessment was a success and whether there has been any positive impact and if interventions put in place had desired results. Evaluation also helps in knowing if the set goals and objectives were met, determining success or failure of the problem and to put corrective measure into place (Zerwekh, 112; Holloway, & Wheeler, 76; Grol 361). The health educator works hand in hand with the community health nurse and other health professionals in the above process where by he/she acts the overall supervisor.

Conclusion

Air pollution has adverse effects on health and majorly affects the respiratory system with children being most vulnerable due to their under developed respiratory system. Health educators are charged with the overall responsibility of overseeing planning, implementation and evaluation of education programs in the community. They also function as consultants to the other health care professionals involved in health education and promotion.

References

1. “Air Pollutants and their health effects”. New Jersey Department of Environmental Protection. 2009. Web.
2. “Health Effects Research.” California Air Resources Board. 2007a. Web.
3. The Children’s Health Study. California Air Resources Board. 2007b. Web.
4. Grol R. “National standard setting for quality of care in general practice: attitudes of general practitioners and response to a set of standards.” Br J Gen Pract 40 (2000): 361–4.
5. Holloway, I., & Wheeler, S. Qualitative Research in Nursing. 2nd Ed. Oxford: Blackwell Publishing, 2002.
6. Zerwekh, J. Nursing Today: Transition and Trends. Philadelphia: W. B. Saunders Company, 2003.