Using the following fact scenario, prepare a case brief as if you were the judge hearing the matter. Refer to the "Briefing a case" tutorial and video for guidance. Be sure to use the brief format or 10 points will be deducted from your overall score for the project.
Sitting as the Judge determine the relevant facts, issues, holding, applicable law, and explain your holding in the rationale/reasoning section.
You will be graded on your ability to identify the relevant facts, issue(s), holding, and applicable law as well as being graded on your ability to explain your holding.
You will be using the brief format. That format can be found in the Briefing a Case tutorial found in the tutorials folder. Be sure when using a particular case or federal/state statute and/or regulation to support your holding, you must provide the citation for that source.
In preparing your brief, do not add any facts to the scenario.
This project is as much a research project as it is a written communication project. You will want to use the Lexis/Nexis or Westlaw databases to research the applicable federal statutes and cases. You may only use a legal database and only statutes, regulations and case law as sources for this project.
With this project the rationale section of your brief is heavily weighted as it is where you demonstrate your ability to articulate and communicate your thoughts and analysis of the case.
As for the issue section. Remember, that there may be more than one issue, and that issues aren’t always just related to the cause of action.
There is no specific word count or page count, but, I will say this; it is unlikely you can properly complete this project in less than two pages, single spaced with double spacing between paragraphs. Please be sure to use Times Roman 12 point font.
If you need help, please place your questions in the water cooler discussion forum so that everyone has the benefit of seeing the question and my answer. I will be happy to answer questions through individual email as well, however, I reserve the right to place the question in the watercooler with my answer.
The towne of Valdimer is located in the State of Maine and is a small fishing town with a population of 653 residents. The towne is surounded by water and only accessible via a one mile long bridge or via personal watercraft or public ferry. United Oil, Ltd. is an oil company that has been drilling for oil off the coast of Maine just 3 miles from Valdimer for the past 10 years. In year 7 of operations the oil well experienced a severe leak resulting in millions of tons of oil being released into the surrounding waters. An investigation found United was cited three months earlier for safety violations and for failing to keep proper maintenance records on the pipeline and oil drill. In fact according to the citation there were no records of a pipe inspection for over 6 months. It took United Oil over 61 days to contain the leak. At the time fishing came to a standstill and although the fishing companies were compensated for their immediate loss, the compensation was just short term. Once the leak was fixed the compensation ceased. Since the leak, the Valdimer residents have seen a 50% decline in available fish within a 20 mile circumference of Valdimer. This has resulted in the fishing boats having to venture further and further out each year yet still retrieving only a portion of their preleak catches. In addition to being a fishing industry Valdimer was also a tourist attraction, but, the oil from the leak contaminated the beaches for two years thereafter bringing the tourist industry to a stand still. The industry has yet to recover from that loss. Residents that had always been self-sufficient are now relying on government assistance to survive. Additionally, Valdimer has been losing 1 foot of shoreline for the past three years and it is estimated that by the year 2025, the towne which is only 1 mile wide and 5 miles long, will be predominently under water. To compound matters the coal mining company, Coal R’ Us, Ltd. which is owned by United Oil, Ltd, and located in a neighboring state has been emitting greenhouse gas in amounts above its emmission allowances for the past 15 years. According to Coal R’ Us it purchases unused credits from other companies thus allowing it to continue its emmissions without legal recourse. The citizens of Validmer have hired an attorney to pursue any and all possible causes of action against any and all responsible parties in this matter and the attorney has filed suit against United Oil, Ltd. as well as Coal R’ Us, Ltd. what is the outcome.
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