In the early part of the first decade of the 2000s, residents of Lake Caliopa, Minnesota, began noticing an unusually high number of lung ailments among their population. A group of concerned local citizens pooled their resources and commissioned a study of the frequency of these health conditions per capita in Lake Caliopa as compared with national averages. The study concluded that residents of Lake Caliopa experienced four to seven times the rate in the frequency of asthma, bronchitis, and emphysema as the population nationwide. During the study period, citizens began expressing concerns about the large volumes of smog emitted by the Cotton Design apparel manufacturing plant on the outskirts of town. The plant had opened its production facility two miles east of town beside the Tawakoni River in 1999 and employed seventy full-time workers by 2010.
Just downstream on the Tawakoni River, the city of Lake Caliopa operated a public water works facility, which supplied all city residents with water. In August 2010, the Minnesota Pollution Control Agency required Cotton Design to install new equipment to control air and water pollution. In May 2011, citizens brought a lawsuit in a Minnesota state court against Cotton Design for various respiratory ailments, allegedly caused or compounded by smog from Cotton Design's factory. Using the information presented in the chapter, answer the following questions.
- Under the common law, what would each plaintiff be required to identify in order to be given relief by the court?
- Are air-quality regulations typically overseen by federal, state, or local governments?
- What standard for limiting emissions into the air does Cotton Design's pollution-control equipment have to meet?
- What information must the city send to every household that it supplies with water?