Fact Pattern 18-2 Eldercare Hospital Has Acquired Twenty Acres of Land in South

question 68

Multiple Choice

Fact Pattern 18-2
Eldercare Hospital has acquired twenty acres of land in south Dallas, the poor side of the city, to build a facility that will provide care primarily for the elderly residents of that part of the city. The land had been used for various industrial purposes, including an oil transfer station, but had been abandoned for over thirty years. Dallas is a city that is always on the margin of violating the air quality standards that apply to it.
-Refer to Fact Pattern 18-2. If the land is declared to be a Superfund site because of old industrial pollution, the cost of the clean up:

• A) may be imposed on taxpayers via the Superfund.
• B) may be imposed on Eldercare.
• C) may be imposed on users from decades ago if they can be tracked down.
• D) all of the other choices may share in the cost.
• E) a and b; the users from decades ago have passed the statute of limitations for liability.

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Definitions:

Joseph Brant

The Mohawk leader who led the Iroquois against the Americans in the Revolutionary War.

Mohawk

A member of the Native American people originally from the Mohawk Valley in upstate New York.

Indian Confederacy

An Indian Confederacy refers to an alliance or union among different Native American tribes for mutual defense, political, or social reasons, historically significant in their relations with European settlers and the U.S. government.

Coastal South Carolina

A region along the southeastern coast of the United States, known for its unique geography, culture, and history.