In Responsible Economic Development V

question 385

Multiple Choice

In Responsible Economic Development v.S.C.Dept.of Health and Enviro.Control,where the state gave Wal-Mart a permit for storm water runoff into a creek,and an environment group challenged the permit as inadequate as it would pollute various bodies of water,the South Carolina high court held that:

• A)a construction site qualified as a protected wetland,so Wal-Mart would also need a permit from the Army Corps
• B)the runoff would go into an endangered marsh area,so an evaluation would have to be made by the Fish and Wildlife Service
• C)the permit process met the standards required,so the permit stands
• D)the permit process was arbitrary and capricious,so it would have to be reconsidered
• E)none of the other choices

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Definitions:

Forum-Selection

A clause in a contract that designates the specific court, jurisdiction, or venue where disputes arising under the contract will be resolved.

Choice-Of-Language

A contractual provision specifying the language to be used in interpreting the terms of the contract.

Standard Of Care

The degree of attention, caution, and prudence that a reasonable person should exercise in a particular situation.

UCC

For all commercial interactions within the United States, the Uniform Commercial Code (UCC) provides a fully detailed legislative framework.