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Zimmerman vs. Atlas Energy - Essay Example

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George Zimmerman is a Landowner in Pennsylvania State. He is suing Atlas Energy Inc. for destroying his land because of the activities that have been taking place around his and…
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Zimmerman vs. Atlas Energy
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Download file to see previous pages The hydraulic fracturing that the company used while linking the gas leaked toxic gas into his land and therefore making it inhabitable. When tests were conducted on Zimmerman’s property, it was established that there were alarming levels of carcinogenic chemicals that were dangerously above screening levels. 1500 feet from his place of residence, there was discovered seven potential carcinogenic chemicals. The company, known as Atlas Energy, Inc was formerly known as Atlas Energy and has been in the Energy business since 1968 and is by all means the leading producer in Marcellus Shale. According to Zimmerman, the substances that were found in his lands were so alarming that they could not be caused by nature and therefore, the company had acted negligently by not considering the fact that the land was a privately owned piece of property and should have been more careful with the chemicals they were going to use during their exercise. Zimmerman’s claims were based on the fact that most farmers from areas which similar developments had taken place were exposed to similar conditions and there seemed like nothing was being done about the situation. A year earlier before the drilling started, Zimmerman claims that the baselines were completely normal and there was no indication of any harmful substances in his property after tests were carried out. 2. Discuss what management could have done in terms of risk management to have prevented the events that lead to the lawsuit.  In the spirit of promoting sustainable development, international law encourages that all people practice safe methods of development so that the environment is preserved. Sustainable development basically promotes the use of the environment and available resources in such a manner that the current generation exhausts them fully while at the same time preserving the resources for the coming generations. The management at Atlas Energy should ensure that before the drilling begins all the precautions are taken so that the society around them is not affected in a bad manner. If it is obvious that such drilling will definitely result to contamination of the environment around the drilling, the management should ensure that the people living around are compensated and re allocated to a place where the chemical spilling will not affect their health and existence. If the initial precautions were ignored, the company management still had a chance to salvage the situation after it realized that Mr. Zimmerman had been affected by the chemicals spilled during the exercise. This would have been done by settling Mr. Zimmerman’s grievances outside the court and ensuring that there are options for Mr. Zimmerman to consider part from the courts. Since the management knew for sure that Zimmerman’s property had been ruined by the effects of their drilling, the Company should have found a way to compensate Mr. Zimmerman from the harm caused. In America, this will be the first of its kind if Mr. Zimmerman goes ahead to win the court case. In countries that majorly depend on foreigners to promote their economy, such scenarios are well expected but not in the United States of America. America is a developed country and a major economic power in the world and therefore, those who choose to develop the economy should do so considering the health of the people around them. 3. Discuss the ethical considerations reflected in the laws applicable to this case.  Every company owes a duty of care to its client and the general public to ensure that all their employees are well equipped to avoid negligence that can harm the public. ...Download file to see next pages Read More
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