Zimmerman vs. Atlas Energy - Essay Example

? Zimmerman vs. Atlas Energy First Affiliation Brief facts George Zimmerman is a Landowner inPennsylvania State. He is suing Atlas Energy Inc. for destroying his land because of the activities that have been taking place around his and. The plaintiff claims that the Company polluted the soil in his land when it was trying to create an advanced technique link of natural gas. The hydraulic fracturing that the company used while linking the gas leaked toxic gas into his land and therefore making it inhabitable. When tests were conducted on Zimmerman’s property, it was established that there were alarming levels of carcinogenic chemicals that were dangerously above screening levels. 1500 feet from his place of residence, there was discovered seven potential carcinogenic chemicals. The company, known as Atlas Energy, Inc was formerly known as Atlas Energy and has been in the Energy business since 1968 and is by all means the leading producer in Marcellus Shale. According to Zimmerman, the substances that were found in his lands were so alarming that they could not be caused by nature and therefore, the company had acted negligently by not considering the fact that the land was a privately owned piece of property and should have been more careful with the chemicals they were going to use during their exercise. Zimmerman’s claims were based on the fact that most farmers from areas which similar developments had taken place were exposed to similar conditions and there seemed like nothing was being done about the situation. A year earlier before the drilling started, Zimmerman claims that the baselines were completely normal and there was no indication of any harmful substances in his property after tests were carried out. 2. Discuss what management could have done in terms of risk management to have prevented the events that lead to the lawsuit.  In the spirit of promoting sustainable development, international law encourages that all people practice safe methods of development so that the environment is preserved. Sustainable development basically promotes the use of the environment and available resources in such a manner that the current generation exhausts them fully while at the same time preserving the resources for the coming generations. The management at Atlas Energy should ensure that before the drilling begins all the precautions are taken so that the society around them is not affected in a bad manner. If it is obvious that such drilling will definitely result to contamination of the environment around the drilling, the management should ensure that the people living around are compensated and re allocated to a place where the chemical spilling will not affect their health and existence. If the initial precautions were ignored, the company management still had a chance to salvage the situation after it realized that Mr. Zimmerman had been affected by the chemicals spilled during the exercise. This would have been done by settling Mr. Zimmerman’s grievances outside the court and ensuring that there are options for Mr. Zimmerman to consider part from the courts. Since the management knew for sure that Zimmerman’s property had been ruined by the effects of their drilling, the Company should have found a way to compensate Mr. Zimmerman from the harm caused. In America, this will be the first of its kind if Mr. Zimmerman goes ahead to win the court case. In countries that majorly depend on foreigners to promote their economy, such scenarios are well expected but not in the United States of America. America is a developed country and a major economic power in the world and therefore, those who choose to develop the economy should do so considering the health of the people around them. 3. Discuss the ethical considerations reflected in the laws applicable to this case.  Every company owes a duty of care to its client and the general public to ensure that all their employees are well equipped to avoid negligence that can harm the public. Corporate homicide has not yet been declared illegal, and unless the prosecution finds a way to go around a case and ensure that the company’s executives are held accountable for their actions. The Atlas Company is ethically obligated to ensure that Mr. Zimmerman and his family are well taken care of and are compensated for all the harm suffered. 4. Determine which sources of law would be most relevant in this case and how management could leverage knowledge of those sources to prevent similar instances in the future. Legally, there is no law that forces companies to disclose the chemicals used in their factories and industries. States should ensure that to protect the masses, there should be a law that guarantees that they are protected from multi-million dollar companies that are geared to enriching their directors and nothing more. The U.S. congress passed the EPCRA in 198 that ensured that federal state and all concerned local governments are well versed on the right to know of citizens and their community. This meant that the community has a right to know what kind of toxic gases they are exposed to in their day to day lives. Industries, private persons and factories should disclose to the community the chemicals they release to the environment for the purposes of creating community awareness on their need to know.   5. Recommend what management might be able to do to pursue alternate resolutions (outside of court).  Before settling the existing dispute in court, the management of Atlas Energy can choose to resort to alternative dispute resolution methods like, using a mediator and an arbitrator. Considering that Mr. Zimmerman will not be in a position to use that land anymore, the company should consider settling the case with him by compensating him for losses suffered and ensuring that he gets some other place to live and an alternative for him in the future since there will be damages incurred as a result of the chemicals spilled in the land. The money Zimmerman is asking for from the company will be to cover for the expenses that he incurred in conducting the tests in the farm and therefore, with clear documentation, it is easy for the company to pay for damages including those for harm caused in the event that the family of Mr. Zimmerman may experience in the near future due to the exposure of the carcinogenic chemicals. Carcinogenic chemicals might result to cancerous related ailments and diseases. Considering the inconvenience that will be caused to Mr. Zimmerman and his wife, an eight year old son and eight month old twins; the company should consider acting in good faith and compensating him for the losses suffered. Eventually, the company shall have made the right decision if it ensures that it pays back all the expenses incurred by Mr. Zimmerman from the time he discovered the chemicals and the time of the conclusion of the suit. References Annas, G. J. (1993). Standard of care: the law of American bioethics. New York: Oxford University Press. Cullen, F. T. (2006). Corporate crime under attack: the fight to criminalize business violence (2nd ed.). Newark, N.J.: LexisNexis Matthew Bender. Gray, P. (2008). Corporate Manslaughter and Corporate Homicide Act 2007. Edinburgh: Thomson/W. Green. Jaffey, A. J. (1992). The duty of care. Aldershot, Hants, England: Dartmouth. Schwartz, V. E. (1986). Comparative negligence (2nd ed.). Indianapolis, Ind.: A. Smith Co.. Wenham, D. (2009). Recent developments in corporate homicide. London: Harvard University press. Read More