©BRIGHTSTARS EXAM SOLUTIONS
11/16/2024 10:16 AM
ENR 4400 Midterm 3 OSU Questions With
Correct Answers
What were the facts in Aldred v. Benton - answer✔- Aldred owned a home, Benton built a pig
pen
- judge said that Aldred had a right to inhabit his home with clean air and clean water and that
he didn't come to the nuisance
what did the courts in Aldred v. Benton decide in terms of what would constitute a nuisance -
answer✔action lies in nuisance for air pollution, habitation principle end of a house, light,
wholesome air, coming to the nuisance
what did the Clark v. Wambold and Mitchell v. Hines decisions add to the common law of
nuisance - answer✔good animal husbandry matters, lawful business, must be raised on a farm,
coming to the nuisance reiterated
what two things did Spur v. Webb add to the common law of nuisance - answer✔public
nuisance and indemnification for moving costs, paid by Webb
describe risk formulaically - answer✔possibility of harm * severity of harm
what is a dos/response curve? - answer✔describes the change in effect on an organism caused
by differing levels of exposure to a stressor after a certain exposure time
what did the panel accuse judge Lord of doing in terms of the role of the court and the role of
scientific regulatory agencies - answer✔they accused him of doing the risk assessment, when it
is the role of the agency (EPA)
in overturning the appeals panel's decision, what did the appeals court en banc say about
dealing with uncertainty in the court? (Lord case) - answer✔courts should not be powerless to
act in the face of uncertainty because of the serious consequences, Congress used endangering
in precautionary sense
what is paralysis by analysis - answer✔precautionary principle hard to sustain in the long run,
over-analyzing the facts
1|Page
11/16/2024 10:16 AM
ENR 4400 Midterm 3 OSU Questions With
Correct Answers
What were the facts in Aldred v. Benton - answer✔- Aldred owned a home, Benton built a pig
pen
- judge said that Aldred had a right to inhabit his home with clean air and clean water and that
he didn't come to the nuisance
what did the courts in Aldred v. Benton decide in terms of what would constitute a nuisance -
answer✔action lies in nuisance for air pollution, habitation principle end of a house, light,
wholesome air, coming to the nuisance
what did the Clark v. Wambold and Mitchell v. Hines decisions add to the common law of
nuisance - answer✔good animal husbandry matters, lawful business, must be raised on a farm,
coming to the nuisance reiterated
what two things did Spur v. Webb add to the common law of nuisance - answer✔public
nuisance and indemnification for moving costs, paid by Webb
describe risk formulaically - answer✔possibility of harm * severity of harm
what is a dos/response curve? - answer✔describes the change in effect on an organism caused
by differing levels of exposure to a stressor after a certain exposure time
what did the panel accuse judge Lord of doing in terms of the role of the court and the role of
scientific regulatory agencies - answer✔they accused him of doing the risk assessment, when it
is the role of the agency (EPA)
in overturning the appeals panel's decision, what did the appeals court en banc say about
dealing with uncertainty in the court? (Lord case) - answer✔courts should not be powerless to
act in the face of uncertainty because of the serious consequences, Congress used endangering
in precautionary sense
what is paralysis by analysis - answer✔precautionary principle hard to sustain in the long run,
over-analyzing the facts
1|Page
