Issue and Rule Discussion Assignment
WOD Chemical Company operates a plant on the Russian River, outside of Geyserville, CA. The plant produces a sulfur compound used on wine grapes. This plant has been in operation for about 25 years and has passed all California State health and safety operation inspections.. On July 5th, a fire (caused by overheating machinery using a self-made insulating devise) in the plant caused an explosion of one of its sulfur tanks resulting in massive dumping of sulfur into the nearby Russian River. In August local wine producers noticed their wine grape vines were suffering, and grapes were shriveling and dying. Local River analysis showed abnormally high levels of sulfur content and it was speculated that the sulfur either came directly from the fire based explosion, or there was some other leak at WOD. (Some claim the plant has been dumping Sulfur waste into the river for years although the river is regularly inspected by State Agencies) The California Health Department and other government agencies in response to the recent sulfur levels, posted notices along all public access points warning the public of these sulfur levels and potential health risks from direct consumption of the water. Trifork Winery has filed suit against WOD for monetary damages.
In writing an issue statement the question should identify the general legal theory linked to a fact which gives rise to the claim. Remember your reply must address the substantive writing not the format. Suggest improvements along with an explanation of why and then offer the improvement by rewriting the issue of the post. If in fact you see no room for improvement identify the parts of it that meet the need of being a good issue statement and provide an explanation of your assessment.
The rule statement must start with the general rule and provide elements and defenses. Lists are not to be used. Most likely it will take the form of 2 paragraphs. The reply must be substantive, with explanation and rewrite included.
- Post an original ISSUE statement for the plaintiff followed by the RULE Statement. Within a single post Label ISSUE & RULE separately.
- Enter a reply to another student’s Issue and Rule statement.
Issue: WOD company is in charge of producing sulfur compound that is tested on grapes. But recently 25 year old machines caused a fire due to the overheating of the machines. Although it passed all inspections, local wine vendors noticed a difference in their grapes that they were deteriorating. This caused an alarm because sulfur could badly harm people who smell and digest the wine grapes. Due to the fire, they had to resolve the situation quickly and chose the nearest Russian river to release all the waste.
Rule: Therefore, the rule “Standing to Sue” applies to this specific case. Harm: The party bringing the action must have suffered harm (an invasion of a legally protected interest) or must face imminent harm. The controversy must be real and substantial rather than hypothetical. Their so proof that the wine grapes were dying and no producing the perfect growth. Due to high levels of sulfur and health risks in the water.