Question 1

The CERCLA or Superfund was enacted to provide authority for cleanup of abandoned or inactive hazardous waste sites.

Accepted Answer

A) True 
 B)False  True

Question 2

The CERCLA trust fund is financed by a:

Accepted Answer

A)  tax on chemical feedstocks. 
B)  surtax on businesses with annual incomes over $2 million. 
C)  tax on petroleum. 
D)  All of these. 
A)  tax on chemical feedstocks. 
B)  surtax on businesses with annual incomes over $2 million. 
C)  tax on petroleum. 
D)  All of these. D

Question 3

Common problems with private causes of action to control environmental damage include all but which one of the following?

Accepted Answer

A)  Costs associated with private litigation are high. 
B)  Even if a private plaintiff is successful, recovery may be limited to monetary damages, leaving the defendant free to continue to pollute. 
C)  Statutes typically require that only a public representative, such as the attorney general, may bring suits to protect the environment from private and public nuisance and strict liability for abnormally dangerous activities. 
D)  Tort actions typically do not provide relief for aesthetic, as opposed to physical, injury. 
A)  Costs associated with private litigation are high. 
B)  Even if a private plaintiff is successful, recovery may be limited to monetary damages, leaving the defendant free to continue to pollute. 
C)  Statutes typically require that only a public representative, such as the attorney general, may bring suits to protect the environment from private and public nuisance and strict liability for abnormally dangerous activities. 
D)  Tort actions typically do not provide relief for aesthetic, as opposed to physical, injury. C

Question 4

NEPA is a federal act that focuses on particular environmental hazards without stating national environmental policy.

Accepted Answer

A) True 
 B)False

Question 5

The Clean Air Act requires the use of reformulated automotive fuels to reduce ozone pollution.

Accepted Answer

A) True 
 B)False

Question 6

The states initially had primary responsibility for controlling air pollution.

Accepted Answer

A) True 
 B)False

Question 7

The Clean Water Act requires the EPA administrator to do what, regarding new sources?

Accepted Answer

A)  Establish federal standards of performance that reflect the greatest degree of effluent reduction achievable through application of the best available control technology. 
B)  Modify standards to reflect effluent limitations for existing sources. 
C)  Identify state waters that will not meet the Act's requirements. 
D)  All of these. 
A)  Establish federal standards of performance that reflect the greatest degree of effluent reduction achievable through application of the best available control technology. 
B)  Modify standards to reflect effluent limitations for existing sources. 
C)  Identify state waters that will not meet the Act's requirements. 
D)  All of these.

Question 8

The National Pollutant Discharge Elimination System may require that discharge permits be obtained from:

Accepted Answer

A)  the EPA. 
B)  the Army Corps of Engineers. 
C)  an individual state. 
D)  All of these. 
A)  the EPA. 
B)  the Army Corps of Engineers. 
C)  an individual state. 
D)  All of these.

Question 9

The EPA may not impose civil fines.

Accepted Answer

A) True 
 B)False

Question 10

The Clean Water Act imposes civil penalties but not criminal penalties for violations.

Accepted Answer

A) True 
 B)False

Question 11

Trespass differs from private nuisance in that nuisance does not require an interference with a plaintiff's possession of the land.

Accepted Answer

A) True 
 B)False

Question 12

Which of the following best describes the manifest system?

Accepted Answer

A)  It is the best available technology requirement as described in the Clean Air Act. 
B)  It is the national pollution policy as set forth in NEPA. 
C)  It is the registration system required by TSCA. 
D)  The manifest is a form on which a generator certifies that the toxicity of waste has been reduced to the greatest degree that is economically practicable. 
A)  It is the best available technology requirement as described in the Clean Air Act. 
B)  It is the national pollution policy as set forth in NEPA. 
C)  It is the registration system required by TSCA. 
D)  The manifest is a form on which a generator certifies that the toxicity of waste has been reduced to the greatest degree that is economically practicable.

Question 13

The Clean Air Act's 1990 Amendments sought to hasten attainment of certain air quality standards, but failed to address specifically the subject of ozone pollution.

Accepted Answer

A) True 
 B)False

Question 14

From the industry's perspective, under the Clean Air Act it is better to be considered a new source than an existing one since the standard governing existing stationary sources is more stringent than the standard governing new sources.

Accepted Answer

A) True 
 B)False

Question 15

The 1977 amendments to the Clean Water Act divided pollutants into all but which of the following categories?

Accepted Answer

A)  Toxic 
B)  Nontoxic 
C)  Conventional 
D)  Nonconventional 
A)  Toxic 
B)  Nontoxic 
C)  Conventional 
D)  Nonconventional

Question 16

Although in recent years certain developed countries, such as the United States, have made significant progress in controlling pollutants, this is not the case worldwide.

Accepted Answer

A) True 
 B)False

Question 17

Which of the following is true about the regulation of pesticide use by EPA?

Accepted Answer

A)  A pesticide may be legally registered if it will perform its intended function without posing unreasonable risk to humans or the environment. 
B)  The EPA may balance the economic and social costs and benefits of use of a pesticide in deciding whether to register it. 
C)  Both of these. 
D)  Neither of these. 
A)  A pesticide may be legally registered if it will perform its intended function without posing unreasonable risk to humans or the environment. 
B)  The EPA may balance the economic and social costs and benefits of use of a pesticide in deciding whether to register it. 
C)  Both of these. 
D)  Neither of these.

Question 18

To establish a private nuisance, a plaintiff:

Accepted Answer

A)  must show that the defendant has substantially and unreasonably interfered with the use and enjoyment of the plaintiff's land. 
B)  must show that, in an action for damages in conjunction with private nuisance, the defendant's conduct was unreasonable. 
C)  need not show that the interference was unreasonable. 
D)  need only show that the quiet enjoyment of plaintiff's land was impacted. 
A)  must show that the defendant has substantially and unreasonably interfered with the use and enjoyment of the plaintiff's land. 
B)  must show that, in an action for damages in conjunction with private nuisance, the defendant's conduct was unreasonable. 
C)  need not show that the interference was unreasonable. 
D)  need only show that the quiet enjoyment of plaintiff's land was impacted.

Question 19

Phoenix, Arizona may be classified as a PSD area with respect to some pollutants, but not with respect to others.

Accepted Answer

A) True 
 B)False

Question 20

In 1976, RCRA was enacted by Congress:

Accepted Answer

A)  to provide a comprehensive scheme of treatment for hazardous solid waste. 
B)  and it requires the EPA to establish a manifest system to be used by generators of hazardous waste. 
C)  Both of these. 
D)  Neither of these. 
A)  to provide a comprehensive scheme of treatment for hazardous solid waste. 
B)  and it requires the EPA to establish a manifest system to be used by generators of hazardous waste. 
C)  Both of these. 
D)  Neither of these.

Exam 45: Environmental Law

The CERCLA or Superfund was enacted to provide authority for cleanup of abandoned or inactive hazardous waste sites.

The CERCLA trust fund is financed by a:

Common problems with private causes of action to control environmental damage include all but which one of the following?

NEPA is a federal act that focuses on particular environmental hazards without stating national environmental policy.

The Clean Air Act requires the use of reformulated automotive fuels to reduce ozone pollution.

The states initially had primary responsibility for controlling air pollution.

The Clean Water Act requires the EPA administrator to do what, regarding new sources?

The National Pollutant Discharge Elimination System may require that discharge permits be obtained from:

The EPA may not impose civil fines.

The Clean Water Act imposes civil penalties but not criminal penalties for violations.

Trespass differs from private nuisance in that nuisance does not require an interference with a plaintiff's possession of the land.

Which of the following best describes the manifest system?

The Clean Air Act's 1990 Amendments sought to hasten attainment of certain air quality standards, but failed to address specifically the subject of ozone pollution.

From the industry's perspective, under the Clean Air Act it is better to be considered a new source than an existing one since the standard governing existing stationary sources is more stringent than the standard governing new sources.

The 1977 amendments to the Clean Water Act divided pollutants into all but which of the following categories?

Although in recent years certain developed countries, such as the United States, have made significant progress in controlling pollutants, this is not the case worldwide.

Which of the following is true about the regulation of pesticide use by EPA?

To establish a private nuisance, a plaintiff:

Phoenix, Arizona may be classified as a PSD area with respect to some pollutants, but not with respect to others.

In 1976, RCRA was enacted by Congress:

Introduction to Law

Business Ethics and the Social Responsibility of Business

Civil Dispute Resolution

Constitutional Law

Administrative Law

Criminal Law

Intentional Torts

Negligence and Strict Liability

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

Consideration

Illegal Bargains

Contractual Capacity

Contracts in Writing

Third Parties to Contracts

Performance, Breach, and Discharge

Contract Remedies

Relationship of Principal and Agent

Relationship With Third Parties

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Products Liability: Warranties and Strict Liability in Tort

Sales Remedies

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transfers

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature, Formation, and Powers

Financial Structure

Management Structure

Fundamental Changes

Secured Transactions and Suretyship

Bankruptcy

Protection of Intellectual Property

Antitrust

Consumer Protection

Employment Law

Securities Regulation

Accountants Legal Liability

International Business Law

Introduction to Property, Property Insurance, Bailments, and Documents of Title

Interests in Real Property

Transfer and Control of Real Property

Trusts and Decedents Estates

the Legal Environment of Business

Contracts

Agency

Sales

Negotiable Instruments

Unincorporated Business Associations

Corporations

Debtor and Creditor Relations

Regulation of Business

Property