Under the Environmental Policy and Conservation Act (EPCA), a designated federal agency sets fuel economy standards for new cars. The plaintiffs argued, among other things, that the EPCA, which explicitly prohibits states from adopting separate fuel economy standards, preempts states from adopting their own emission standards. Is the plaintiffs’ argument valid? Discuss
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Under the Environmental Policy and Conservation Act (EPCA), a designated federal agency sets fuel economy standards for new cars. The plaintiffs argued, among other things, that the EPCA, which explicitly prohibits states from adopting separate fuel economy standards, preempts states from adopting their own emission standards. Is the plaintiffs’ argument valid? Discuss.
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- Nevada passes a statute that any 18-wheel truck passing through Nevada must meet a Clean Fuel Fleet Exhaust Emission Standard of no more than 2.8 nitrous oxide (NOx). The federal statute requirement for such trucks is no more than 3.8 NOx. Carlton is driving his 18-wheeler cross-country to deliver a load and stops at a Nevada weigh station. The weigh station officer inspects Carlton’s documents, notes that Carlton’s truck has a 3.4 NOx emission level, and issues a citation. On what grounds might Carlton fight this citation?Wisconsin passes a state law that bans all semi-trucks from carrying double-trailers on roads in our state (see picture below). The state's ostensible reason for passing the law is to reduce accidents on the road. Double-trailers a more likely to be involved in accidents than single-trailer semis. A national trade group representing freight companies sues the state, arguing that the law violates the Dormant Commerce Clause. Would the state law violate the Dormant Commerce Clause? Explain your decision.Solar Living discovers that Sunny Solar is planning to use the slogan “The Sun Is Always Shining on Solar Energy” in its marketing materials. Solar Living quickly files a trademark application for that phrase to prevent Sunny Solar from using it, although Solar Living has no plans to use the slogan. Will Solar Living’s application be granted? No, because Sunny Solar can prove that it thought up the slogan before Solar Living did. Yes, because Solar Living was the first to file for the trademark, and the U.S. operates on a first-to-file system. Yes, because “The Sun Is Always Shining on Solar Energy” is a phrase that can acquire a secondary meaning. No, because for a trademark to be granted an applicant must actually use, or intend to use, the mark in commerce.
- Brian Cleary and Rita Burke filed a suit against cigarette maker Philip Morris USA, Inc., seeking class-action status for a claim of deceptive advertising. Cleary and Burke claimed that “light” cigarettes, such as Marlboro Lights, were advertised as safer than regular cigarettes, even though the health effects are the same. They contended that the tobacco companies concealed the true nature of light cigarettes. Philip Morris correctly claimed that it was authorized by the government to advertise cigarettes, including light cigarettes. Assuming that is true, should the plaintiffs still be able to bring a deceptive advertising claim against the tobacco company? Why or why not?3. Buster operates Buster's Safe Waste, a company that transports toxic chemicals. Buster's company advertises itself as the safest toxic waste transport in the country. They take precautions are over and above all federal and state safety guidelines. In spite of these added safeguards, one of Buster's drivers is involved in an accident while transporting radioactive waste. Can Buster's Toxic Waste be held liable for injuries and harm caused by the radioactive material spilled in the accident?ANTHEM’S AVOIDABLE EMERGENCY ROOM POLICYAnthem, one of the largest healthcare insurers in the United States, implemented an“avoidable ER” policy to help manage the care of its enrollees. The policy stated thatAnthem would not pay for emergency room visits if the company determined that the visitwas not necessary. The policy, which was instituted in six states beginning in 2015, wasmeant to encourage patients to seek care in appropriate settings. However, providers feelthat this policy might cause patients to avoid emergency treatment, even when it isnecessary. In response to customer and provider complaints, Anthem created severalexceptions: Claims will be covered if a healthcare provider tells a patient to go to theemergency room, if the patient is under 15 years of age, if the patient is outside his or her state of residence, and if the patient had a CT scan or MRI or underwent surgery. Still,providers are unhappy with the policy (Livingston 2018). What other solutions could be used…
- Over the years, the Red Cross has been guided in its use of donations by honoring donor intent. This policy helped the organization deal with a major ethical challenge after the terrorist attacks of September 11, 2001. The Red Cross received more than $1 billion in donations and initially diverted some money to ancillary operations, such as creating a strategic blood reserve. After donors objected, however, the organization reversed its decision and – honoring donor intent – used the contributions to directly benefit people affected by the tragedy. Should the American Red Cross have reversed its initial decision to divert some of the money donated for September 11 relief efforts to pressing but ancillary operations? Support your chosen position.In 1992 the state of California charged Sears Auto Centers with overcharging customers for unneeded or unperformed repairs. Sears agreed to a settlement that could cost as much as $20 million. Sears had compensated its salespeople with commissions based on total sales. Following the settlement, Sears dropped the commissions and went to a straight salary. Sears recently indicated that it is planning to reinstate commissions for salespeople in their Auto Centers. It even plans on paying commissions for selling customers brake jobs and wheel alignments. These two products were the core of the 1992 scandal. Sears says that it has taken steps to prevent a recurrence of past problems. In particular, the decision right to recommend repairs is granted to mechanics who are paid a straight salary. Sales consultants are paid commissions for selling repair services but are not authorized to recommend repairs. Under the old system that caused problems, these individuals diagnosed repair…the major federal legislation in Canada that defines illegal practices, including price fixing, bid rigging, price discrimination, predatory pricing, double ticketing, resale price maintenance, bait and switch selling, and pyramid selling occurs when false or deceptive comparisons or distorted claims are made concerning a competitor's product, services, or property comprise principle and standards that guide behaviour in the world of business may be incurred when an unfair and untrue statement is made about a competitor in writing the statement becomes actionable when it is communicated to a third party and can be interpreted as damaging the company the foundation for partnering-style relationship, product, customer, and presentation strategies an attempt to influence the person receiving the "gift"prohibits joining a competing firm for a year after they leave mutual exchange of benefits, as when a firm buys products from its customer the buyer wants to do business with an institution…
- Section 139, Disaster Relief Payment, was enacted by Congress in 2001 to ensure that victims of a qualified disaster would not be required to include in gross income payments received for funeral expenses resulting from a terrorist attack. True False1. Discuss and compare the functions of regulations, incentive and pricing mechanisms with respect to achieving environmental goals.2. With respect to product safety, what is strict liability, and what older standard does it replace?3. With respect to proprietary information, what is a trade secret, and how does it differ from information that’s patented or copyrighted?4. When employers are gathering information about job applicants or current employees, what is the meaning of informed consent?5. What are the principles of the old system of mercantile capitalism?6. What is a corporation, and what is the principle of limited liability?7. What is an ecosystem, and what is meant by interdependency in an ecosystem?8. List and briefly explain the 4 key features of capitalism.Keep answers short and accurate.JimmyCorps places several Facebook ads claiming that his magic tonic protects consumers from coronavirus. Harvey places an order for 50 gallons of the magic tonic to protect himself and his family. Meanwhile, the New York Attorney General commences prosecution of JimmyCorps for fraud—his magic tonic is simply a gallon of bleach, and consumers who have purchased it have become gravely ill or died. Still, JimmyCorps sues Harvey when Harvey refuses to pay for the 50 gallons of tonic he ordered. Can a judge force Harvey to pay JimmyCorps? Why or why not? Note:- Do not provide handwritten solution. Maintain accuracy and quality in your answer. Take care of plagiarism. Answer completely. You will get up vote for sure.