An industrial chemical is one of the toxic wastes that need to be disposed of properly. However, before disposal the effects of the chemical on the environment and its inhabitants must be assessed as well as the legality of the chemical. Once a chemical is declared legal by government, it can be disposed of in but prescribed location by the local government. In this case before hand if the chemicals were legal at the time of disposal, the individuals concerned cannot be held responsible for the damage that there arise.
Although the officers concerned, on the other hand, must be charged for having failed to assess the degree of damage that would arise prior to disposing the chemicals. As far as I am concerned the officers in charge should have first analyzed the chemicals and effectively inform the government of the pending damage that their disposal would cause the general public their legality notwithstanding.
Under the common law, environmental litigation revolves around six doctrines: nuisance, trespass, negligence, strict liability, prior appropriation, and riparian rights. If the damages so claimed arose due to the above named acts, then a legal suit need to be filed against the factory officials.
Nuisance is common-law tort. It would arise when the industry officials unreasonably used the disposal point in a way that substantially interfered with the rights of those who lived around that point.
Negligence and Trespass
If the industry officials failed to exercise that degree of care that would be exercised by a reasonably prudent person under the circumstances then this would constitute negligence. Again if the damage resulted from intentional interference with the inhabitants by the industry officials then they would be charged with trespass.
Strict Liability
Although the activity would be termed as abnormally dangerous and consequently caused environmental harm, but as at the time of disposal the act was legal. Therefore anyone filing a legal suit on this might fail to succeed.
References
Cheremisinoff, N. P. (1979). Industrial and Hazardous Waste Impoundment. United States laws.
Graffin, R.D. (1988). Principles of Hazardous Materials Management. Lewies Pub. Chelsie. Mich. 207 P.
Hrudey, S.E. (1986). Residues from HazardousWaste Treatment. S.n s.l 1985, 7-12 P
Metry, A.A. (1980). The handbook of Hazardous Waste Management. Westport, Conn., 1980. 446P.
Schieler, L and Pauze, D. (1976). Hazardous Materials. Van Nortrand Reinhold. New York, 249P.
