Question
Mira Starnes purchased an abandoned hospital, which contains asbestos.Asbestos is a mineral fiber that occurs in rock and soil, exposure to which increases your risk
Mira Starnes purchased an abandoned hospital, which contains asbestos.Asbestos is a mineral fiber that occurs in rock and soil, exposure to which increases your risk of developing lung disease.
Rather than hire an asbestos removal company (of which there are many) at a price of several hundred thousand dollars, Mira initiated an asbestos remediation project herself by hiring day laborers.In carrying out the project, she violated several "work practice standards" of the federal Clean Air Act (CAA), such as failure to wet down the asbestos material, hire licensed workers, and store the material properly prior to disposal.42 USC 7412.
Starnes argues that the application of the asbestos work practice standards in her case exceeds Congress' commerce clause power because her property is in one state, the activities occurred in one state, and she hired only citizens of the same state.
Question 2A.(1 point) Does Congress have the power to reach, and therefore punish, Mira's failure to follow work practice standards?
Y or N
Question 2B.(7 points) Explain how a court would analyze this case.Use 1 case toanalogizeand one case todistinguish(at least2 cases total).(two paragraphs)
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