Comment by teddyh
7 years ago
The law does not work like technology and code. A judge would see through that in a heartbeat and go “You thought that would work? You’re kidding, right?”.
7 years ago
The law does not work like technology and code. A judge would see through that in a heartbeat and go “You thought that would work? You’re kidding, right?”.
Tell that to the construction industry. This is incredibly common behavior for industries and housing construction - its what gets you out of superfund sites and repairing the subpar housing you threw up in 2010.
I woud assume that to be a case of:
1. Big Company gets what it wants because Big. Everybody pretends it’s a loophole, in order to get out of having to get in trouble with Big Company.
2. Smaller later companies uses same “loophole” and nobody can say anything, because that would be tantamount to accusing Big Company of misdeeds, and get into trouble.
I suspect these kind of situations are unstable, since as time goes by, the “loophole” will be abused more and more, and eventually it becomes untenable, and a judge will rule the “loophole” moot, (especially if the statue of limitations has conveniently expired for the crimes of Big Company). This process might be slowed in slower industries like construction and pollution, but I would imagine it to be inevitable.
My point is, since this probably only works because Big Company, it only works in similar situations where point 2 applies. It does not validate the general theory of why such things would be judged to be legal in other situations in other industries.