Group Against Smog and Pollution (GASP) Sued Shenango for Not

question 375

Multiple Choice

Group Against Smog and Pollution (GASP) sued Shenango for not following state standards for emissions. The county where Shenango operated had sued the company and entered into a consent decree for not following standards, but GASP claimed the enforcement was not sufficient. The appeals court held that GASP:

• A) ​was correct; the company was not in compliance and the county was not enforcing the standards.
• B) ​was correct; the company was not in compliance and there was evidence that the state and county conspired to allow the company to violate the standards so the company would not cease operations.
• C) ​was incorrect; the county was doing enough to ensure the standards were enforced.
• D) ​was incorrect; it did not have standing to challenge enforcement of the standards.
• E) ​none of the other choices are correct.

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Definitions:

Partnership

An official business model that involves a collaboration between two or more people sharing both profits and management duties.

Negligence

The failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation, leading to potential harm or loss.

Sole Proprietorship

A business structure where a single individual owns, operates, and is responsible for all aspects of the business.

Limited Liability

A legal structure that limits the financial responsibility of an organization's owners or shareholders to their investment in the company.