1. Pacific Gravel and Excavating, LLC operates a gravel and cement plant. The neighboring landowners sued the company for damages and injunction relief, claiming that their properties were injured by the dirt, dost, smoke, and vibrations coming from the plant. A lower court found that the plant constituted nuisance and awarded temporary damages but refused to grant an injunction relief because the benefits of operating the plant outweighed the harm to the neighboring landowners. The landowners appealed the lower court's decision. Does the plant's activity constitute a nuisance? Should the plant be shut down?

1. Best Electric whishes to construct a new coal-fired plant in the southwest corner of Michigan. Best plans to use the best available technology for the scrubbers on the plant to reduce emissions. Should Best be able to obtain a permit from the EPA to build and operate the proposed new electric plant? Please briefly discuss the issues Best faces for the proposed plant.

1. Argo Oil & Gas Company was loading a tanker with fuel oil when the loading hose snapped for an unknown reason and about 2,000 gallons of fuel oil poured into the Pacific Ocean. Argo was sued for this water pollution. Argo raised the defense that it had exercised the outmost due care, was not at fault in any way, and had not intended to pollute the ocean. What laws could be used to prosecute Argo? What are the potential penalties and overall outcome of the lawsuit?

4. Please briefly explain the circumstances under which an environmental impact statement (EIS) must be filed and describe the statement's required content.

5. What is the Superfund and what role it has in the environmental law?