Exam 46: Environmental Law

Once the administrator of the EPA establishes National Ambient Air Quality Standards, who must draft an implementation plan?

The city of Normandy is looking to see what the standards for drinking water are before they implement a new water treatment plan. Which of the following would the city planners consult?

The government gives power plants a $10,000 reduction on their annual taxes for each pollution control device installed. The tax reduction is referred to as:

Does Malia have a recourse through any action under common law that would be likely to provide her some relief?

Which of the following was the result at the U.S. Supreme Court level in Massachusetts v. EPA, the case in the text in which Massachusetts led several states in a lawsuit asking that the EPA be ordered to establish vehicle emission standards for carbon dioxide and five other greenhouse gasses?

Referencing the National Ambient Air Quality Standards, which of the following are standards that will protect the public welfare (crops, buildings, and animals) from any known or anticipated adverse effect associated with a pollutant?

[Air Improvement] Malia is very annoyed because a business near her neighborhood has an incinerator that regularly releases pollutants. She discussed the matter with her local city council representative, Leo, who told her that only the federal government can enforce laws involving pollutants; that the government has done so through the establishment of National Ambient Air Quality Standards; and that there is nothing she as an individual can do. Malia tells the council representative that she considers the emissions criminal. Leo just shrugs and replies that industry is never subject to criminal penalties under the Clean Air Act and that only the government can enforce the Clean Air Act anyway. -Is Leo correct that there are no criminal penalties under the Clean Air Act?

Under TSCA, every manufacturer of a new chemical must submit a premanufacturing notice (PMN) or Section Five Notice to the EPA ________ before the first use of the substance in commerce.

How is the appropriate remedy in a nuisance claim determined?

The government is not allowed to determine how much of a given pollutant should be emitted over the course of a year.

Which of the following was the result on appeal in Brodsky v. United States Nuclear Regulatory Commission, the case in the text in which the plaintiff claimed that the Nuclear Regulatory Commission erred in not producing an environmental impact statement?

A .50 tax on each soda not sold in non-refillable container to discourage use of disposable containers is an example of:

Gillian is looking to consult the rules and regulations regarding wetlands. Where should she look?

Blackstone Chemical spills polluted water into a local river and is ordered to clean up the pollution. Under what law or regulation does the cleanup order originate from?

________ enforces the Resource Conservation and Recovery Act?

Damien operates a power plant that emits mercury. He has older pollution control equipment and constantly struggles with his discharges. Sylvia also operates a power plant. She tells Damien that she is investigating the purchase of modern pollution equipment that would result in the mercury discharge of her company being significantly under the amount of allowable mercury discharge. Sylvia tells Damien, however, that the equipment is very expensive. She proposes that she and Damien lobby legislators for marketable discharge permits in the mercury area. What is she referencing and how would it work? Do you think this is a good idea, and why or why not?

What is the purpose of the Comprehensive Environmental Response, Compensation and Liability Act?

What does the Federal Insecticide, Fungicide, and Rodenticide Act regulate?

A pesticide that fails the third criteria may be given restricted-use registration, meaning.

Regarding federal regulation of toxic substances, which of the following statements is accurate?