ENR 4400 MIDTERM 3 OSU
EXAM STUDY GUIDE
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
what is a court case that we discussed in which a court dealt with paralysis by analysis -
Answer corrosion proof fittings v. USEPA 5th circuit court of appeals, 1991
what is the precautionary principle as applied by courts in dealing with cases in which
scientific uncertainty exists - Answer addresses uncertainty when setting a policy,
caution in the face of significant but uncertain threats, better safe than sorry
what is the main concern that runs through the constitutional amendments protecting
the rights of the accused - Answer concern with due process, balance; comes from the
EXAM STUDY GUIDE
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
what is a court case that we discussed in which a court dealt with paralysis by analysis -
Answer corrosion proof fittings v. USEPA 5th circuit court of appeals, 1991
what is the precautionary principle as applied by courts in dealing with cases in which
scientific uncertainty exists - Answer addresses uncertainty when setting a policy,
caution in the face of significant but uncertain threats, better safe than sorry
what is the main concern that runs through the constitutional amendments protecting
the rights of the accused - Answer concern with due process, balance; comes from the
