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Silver Bud
234c26
>>347240
>These are exactly the same studies which are used in our own world to make these determinations, and are undertaken by similar agencies. Only the timeline differs.
This actually doesn't work. To give an example, in our world, in order to prove that a company needs to pay tens of millions to, say, clean up a river, all you need to show is that they were discharging polychlorinated biphenyls into the river, that the concentration of said PCBs is above the legally mandated allowed levels in said river, and that no one else is discharging them; ergo, the company is breaking the law and have to pay. In Flora's world, not only do you have to prove all that, you also have to conduct health studies or environmental studies in the region fed by the river which show beyond reasonable doubt that specific detrimental effects have emerged since the discharge began, and then further prove beyond all reasonable doubt that said effects are a direct result of the PCB discharge rather than any of the other myriad of factors that the defense will drag in to confuse the issue, some of which might very well be substantial contributors to the same or similar problems.
It's comparatively easy to show that someone broke the letter of a law. Proving beyond reasonable doubt that they actually caused significant harm? That is much, much harder, and requires much more research and far more compelling evidence. Said research and evidence costs money.
>I just decided that corporate lawsuits of this nature are required to go to trial in no less than two years, and even delaying that long requires significant legal tap-dancing. so :p
They're required to go to trial in two years... or else what? Obviously if they haven't gone to trial yet, the corporation can't be assumed to be guilty, since they're explicitly being assumed to be innocent until it's shown otherwise and that doesn't happen until the trial, so they can't be the one penalized if the trial doesn't occur in a timely fashion.
>After that, it was determined that if corporate assets were insufficient to pay damages, employee assets became fair game.
Oh god what?
Let's look at a hypothetical example here, which I believe would be substantially representative of what would occur in many cases under this system. My apologies if it seems to be straw-manning things; that is not my intent.
There's a chemical plant in a fairly small town. It supports, directly or indirectly, about seventy percent of the town's population. It's the only chemical plant that the people living there are familiar with, and none of them have the technical education to know much about the variants in the design of plants that produce this particular type of chemical; every so often someone asks about the amount of smoke it puts out and the black crap that it dumps into the river, but management assures them that it's fairly standard and that no company has ever been prosecuted for using their methods, which is true because this is the first plant to use this particular process. Anyway, the pay's pretty good, and the town prospers because of it.
So after about five years the fish in the river are dying, and they're getting mutants frogs, and all that good stuff, but there's no public outcry at this point because hell, what are the people going to do, bring a suit against the company that lets them support their families because they can't go fishing anymore? So operations continue.
Five years after that they've got remarkably high birth defect rates, what they were originally, and a lot of them, particularly the kids, are developing health disorders- there's a particular one that's rather prevalent. Things are getting bad enough that they get together and call in an environmental group to help them make the plant pay their kids' health bills and somehow make the problems go away.
The environmental group comes in and, while they might not have done a study, spot in a matter of days all the earmarks of a place that they could conduct a successful prosecution. They start prep work.
The company gets wind of this. They know they've been doing nasty shit, and won't be able to stand up against a prosecution, so what do they do? Answer: They immediately dig up the very worst example that they can of total corporate collapse and employee asset seizure. In fact, the worst ten or fifteen examples, so that it's clearly not an isolated case. They make it quietly very clear to their employees that they do NOT want to let this environmental prosecution go through, because if it does not only will the chemical plant be forced to close and make all of them lose their jobs, the people who care more about fish and rivers and trees than they do about jobs and families will steal their retirement funds and if that's not enough, they'll drain their very bank accounts and force them to sell their homes, leaving their kids on the street. It's a very bleak picture, and except for those few families who are already drowning in medical bills, the town is now inclined to actively fight against the environmental groups.
The result is going to be either the case against the company dissolving under pressure from the community, possibly coupled a quick out-of-court settlement with those who have been most substantially harmed. The company keeps doing things as they've been doing them, or at most cuts a deal to make some small improvements in their chemical disposal processes in order to get the greens off their back, loudly trumpeting their accommodating nature because of this the whole time and discrediting any remaining public outcry against them. The case falls apart, the pollution stays bad and only gets worse until the next five or ten years pass and the health problems get so bad that even the prospect of mass unemployment, losing their retirement funds- which by this point is virtually certain for the entire town both due to the rising cost of the cleanup and because they were obviously all knowingly supporting the corporation's processes after the first time around- possibly also having their houses stolen out from under them seems like an even worse alternative than putting up with kids who need to take pills three times a day from the time they're born and still aren't healthy, plus medical problems that are killing them all off by the time they hit sixty.
Basically, taking employee assets is going to massively bolster the public support of the corporations as they resist lawsuits and arm them with powerful weapons in the PR battle for fighting against environmentalists and health regulators.
>an appropriate pollution tax rate was applied retroactively
Ex post facto taxes are an utterly terrifying thing. Are you implying that whenever a court case finds a particular industrial process to be harmful, taxes are retroactively applied to anyone who uses it- effectively demanding that companies across the country spontaneously cough up anywhere from thousands to millions of dollars which they're unlikely to often have in liquid assets?
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