Still relating back to the question above, if a court found that there was a “taking,” how much would Danny receive in compensation?

This is a defense to a contract breach when one party enters into a contract solely based on an assertion that is not in accord with the facts.

Which case involved the following information?   Facts: West Virginia passed a statute that said no one could operate a dump without obtaining a permit from a specific department. This statute also stated that the director of that department could deny giving someone a permit if giving a permit would be “significantly adverse to the public sentiment.”   Ruling in Case: The court ruled that the statute that allowed the director to deny a permit to someone just because it may be “significantly adverse to public sentiment” was in no way related to promoting the general welfare and, therefore, that part of the statute was invalid.

The Governor of the state of Missabama issued an order that required one of the state’s administrative agencies to stop dumping toxic waste in the Missabama Wetlands, a territory known to house an endangered species called the mousebat. The Governor’s action is an example of what type of order?

Which case involved the following information?   Facts: Plaintiffs were the parents of a 6 year old child that suffered severe and permanent brain damage from being exposed to lead-based paint in their rental home. The defendant, who owned the home, had been aware for some time that there were issues with the lead in the home but never tried to remove the hazard.   Ruling in Case: The court ruled that defendant was required to pay money to the plaintiffs because (a) he was negligent in failing to keep the home free of lead paint and (b) he shouldn’t have rented the home to the plaintiffs when the defendant knew lead paint was in the home and that it would could cause injuries.

Which case involved the following information?   Facts: Plaintiffs were the parents of a 6 year old child that suffered severe and permanent brain damage from being exposed to lead-based paint in their rental home. The defendant, who owned the home, had been aware for some time that there were issues with the lead in the home but never tried to remove the hazard.   Ruling in Case: The court ruled that defendant was required to pay money to the plaintiffs because (a) he was negligent in failing to keep the home free of lead paint and (b) he shouldn’t have rented the home to the plaintiffs when the defendant knew lead paint was in the home and that it would could cause injuries.

A proactive legal approach makes prior bad acts done before the proactive law was passed redressable.

Alvin owns a nuclear plant and wants to use brand new technology that involves toxic and hazardous materials.  Because the technology is brand new, Alvin (a) is unsure how the materials will interact with the environment, and (b) is unsure whether any harmful environmental consequences can be undone. What environmental law principle should Alvin use in deciding whether to use the brand new technology or not?

Albert owns a manufacturing plant. He has a legal duty to not let his chemicals escape his plant and travel onto his neighbors’ land. The chemicals from his manufacturing plant, however, do escape and wind up in his neighbors’ water line. His neighbors do not notice anything peculiar about the water and receive no injuries from the chemical spill. Years later, the neighbors still have no injuries, and none are anticipated at all to surface. Has a tort been committed?

Relating back to the question above, what type of costs may those individuals you selected in your answer to the above question be required to pay?