Environmental Regulation And Sustainability &&&& Contracts And Sales

Reflect on the assigned readings for the week. Identify what you thought was the most important concept(s), method(s), term(s), and/or any other thing that you felt was worthy of your understanding.

Also, provide a graduate-level response to each of the following questions:

1. California passes regulations that address pesticides.  These regulations are much stricter on the use and production of pesticides than the federal regulations.  Is this permissible under current law?  What if California’s regulations are much less strict than the federal regulations?
2. Discuss the required elements of a valid contract analyzing when an agreement rises tothe level of a legally enforceable contract and when it does not.

Short Essay:

Question I – Explain some of the hurdles litigants have encountered when it comes to the Endangered Species Act and standing to bring a lawsuit.

Question II – A contract is made between two parties.  The terms of the contract are complete and unambiguous.  A dispute arises between the Parties.  Party A wants to pull out of the contract without penalty.  Party B argues that Party A’s proposed action is prohibited by the express terms of the contract.  Party A argues that the Parties verbally agreed to ignore that provision of the contract that would impose a penalty on Party A.  Which Party will prevail and why?