Question 1

Discuss lenders' liability under CERCLA.

Accepted Answer

Lenders' liability under CERCLA remains a question since the Fleet Factors case. The EPA had tried to clarify the situation, but the rules were struck down as an improper exercise of the EPA's authority (ultra vires in the regulatory sense). The best advice for lenders that take possession of financed properties is to sell them quickly, and not get involved in operation of the property or in the debtor's operations.

Question 2

Ralph Waters owns forested land. The Department of the Interior has declared that a small fruit fly on his property is an endangered species and prevented the harvesting of trees there. Ralph:

Accepted Answer

A) cannot harvest trees. 
B) is entitled to compensation for a taking. 
C) can challenge the determination in court. 
D) None of the above 
A) cannot harvest trees. 
B) is entitled to compensation for a taking. 
C) can challenge the determination in court. 
D) None of the above C

Question 3

Describe what brownfields are and what the federal government had been doing to help manage them.

Accepted Answer

Brownfields are pieces of property that were Superfund sites that have not been cleaned up and are lying fallow because no one wants to use them, no one wants to buy them because of their designation, and the result is that there are vacant and abandoned sites that are an eyesore and limit economic development. The EPA and other agencies, through federal funding, are providing grants to partnerships among and between businesses and local governments in order to develop brownfields through clean-up and rebuilding.

Question 4

First Banc loaned money to Best Batteries for the purchase of its factory. First Banc took a mortgage on the factory and land. Best Batteries, because the price of its lifetime battery was so high, went out of business within 18 months. Best deeded the title to the factory and land back to First Banc. When First Banc sent in a clean-up firm, it discovered that there were old and new batteries stacked everywhere on the property. First Banc:

Accepted Answer

A) has no responsibility for cleanup of the batteries. 
B) can sell the property and disclaim liability in the purchase contracts and thus pass along the cleanup to the buyer. 
C) enjoys a lender's exemption from CERCLA liability. 
D) None of the above 
A) has no responsibility for cleanup of the batteries. 
B) can sell the property and disclaim liability in the purchase contracts and thus pass along the cleanup to the buyer. 
C) enjoys a lender's exemption from CERCLA liability. 
D) None of the above

Question 5

Data barn litigation has used nuisance and trespass as legal theories against electric utilities.

Accepted Answer

A) True 
 B)False

Question 6

A public nuisance:

Accepted Answer

A) cannot be enjoined by a private citizen suit. 
B) prevents recovery of damages by individual citizens. 
C) is eliminated by federal environmental regulations. 
D) None of the above 
A) cannot be enjoined by a private citizen suit. 
B) prevents recovery of damages by individual citizens. 
C) is eliminated by federal environmental regulations. 
D) None of the above

Question 7

The EPA is authorized to pay up to $100,000 rewards to people who provide information leading to criminal convictions or civil penalties.

Accepted Answer

A) True 
 B)False

Question 8

A National Pollutant Discharge Elimination Permit:

Accepted Answer

A) permits the holder to discharge pollutants at its point source. 
B) permits the holder to discharge toxic pollutants. 
C) permits the holder to discharge pollutants after pretreatment. 
D) permits the discharge of smoke from utility plants equipped with scrubbers. 
A) permits the holder to discharge pollutants at its point source. 
B) permits the holder to discharge toxic pollutants. 
C) permits the holder to discharge pollutants after pretreatment. 
D) permits the discharge of smoke from utility plants equipped with scrubbers.

Question 9

The parent corporation could have CERCLA liability for a subsidiary.

Accepted Answer

A) True 
 B)False

Question 10

The Clean Air Act 1970 Amendments were the first federal legislation with any real authority for enforcement.

Accepted Answer

A) True 
 B)False

Question 11

The first federal legislation dealing with air pollution was the _____ Act.

Accepted Answer

A) Air Quality 
B) Air Quantity 
C) Air Pollution Control 
D) Air Pollution 
A) Air Quality 
B) Air Quantity 
C) Air Pollution Control 
D) Air Pollution

Question 12

Which of the following acts controls point sources?

Accepted Answer

A) Clean Air Act 
B) Toxic Substances Control Act 
C) Clean Water Act 
D) All of the above 
A) Clean Air Act 
B) Toxic Substances Control Act 
C) Clean Water Act 
D) All of the above

Question 13

The Oil Pollution Act of 1990:

Accepted Answer

A) covers the construction of domestic pipelines. 
B) covers oil spills up to 200 miles offshore. 
C) was repealed. 
D) None of the above 
A) covers the construction of domestic pipelines. 
B) covers oil spills up to 200 miles offshore. 
C) was repealed. 
D) None of the above

Question 14

SIPs must be approved by the EPA.

Accepted Answer

A) True 
 B)False

Question 15

The Endangered Species Act:

Accepted Answer

A) requires only that an EIS be prepared. 
B) applies only to government land. 
C) applies to private and public lands. 
D) None of the above 
A) requires only that an EIS be prepared. 
B) applies only to government land. 
C) applies to private and public lands. 
D) None of the above

Question 16

Which of the following acts established the Superfund?

Accepted Answer

A) Solid Waste Disposal Act 
B) Resource Recovery Act 
C) Toxic Substances Control Act 
D) None of the above 
A) Solid Waste Disposal Act 
B) Resource Recovery Act 
C) Toxic Substances Control Act 
D) None of the above

Question 17

The Bureau of Land Reclamation (BLM), citing dangers to habitats, and pursuant to an EIS, has cut off the water flow from the farming areas near Fresno and Sacramento, California.  The farmers want to challenge the loss of water.  Which of the following federal statutes would be a basis for their suit?

Accepted Answer

A) The Environmental Policy Act 
B) The Endangered Species Act 
C) The Rivers and Harbors Act 
D) The Federal Effluent Guidelines Act 
A) The Environmental Policy Act 
B) The Endangered Species Act 
C) The Rivers and Harbors Act 
D) The Federal Effluent Guidelines Act

Question 18

The EPA does not regulate drinking water.

Accepted Answer

A) True 
 B)False

Question 19

Explain the economic incentives under the Clean Air Act of 1990 for companies to have fewer emissions.

Accepted Answer

If companies reduce emissions

Question 20

Basa Industries, Inc., because of processing changes, has "0" emissions from its plant in New Mexico. However, Basa holds a permit for emissions from the EPA. Basa:

Accepted Answer

A) must return the permit to the EPA. 
B) can sell the permit privately. 
C) can sell the permit only through the EPA. 
D) must use the permit or forfeit it in six months. 
A) must return the permit to the EPA. 
B) can sell the permit privately. 
C) can sell the permit only through the EPA. 
D) must use the permit or forfeit it in six months.

Discuss lenders' liability under CERCLA.

Ralph Waters owns forested land. The Department of the Interior has declared that a small fruit fly on his property is an endangered species and prevented the harvesting of trees there. Ralph:

Describe what brownfields are and what the federal government had been doing to help manage them.

Data barn litigation has used nuisance and trespass as legal theories against electric utilities.

A public nuisance:

The EPA is authorized to pay up to $100,000 rewards to people who provide information leading to criminal convictions or civil penalties.

A National Pollutant Discharge Elimination Permit:

The parent corporation could have CERCLA liability for a subsidiary.

The Clean Air Act 1970 Amendments were the first federal legislation with any real authority for enforcement.

The first federal legislation dealing with air pollution was the _____ Act.

Which of the following acts controls point sources?

The Oil Pollution Act of 1990:

SIPs must be approved by the EPA.

The Endangered Species Act:

Which of the following acts established the Superfund?

The EPA does not regulate drinking water.

Explain the economic incentives under the Clean Air Act of 1990 for companies to have fewer emissions.

Basa Industries, Inc., because of processing changes, has "0" emissions from its plant in New Mexico. However, Basa holds a permit for emissions from the EPA. Basa:

Introduction to Law

Business Ethics and Social Responsibility

The Court System and Dispute Resolution

Business and the Constitution

Administrative Law

International Law

Business Crime

Business Torts

Contracts and Sales: Introduction and Formation

Contracts and Sales: Performance, Remedies, and Rights

Business Marketing and Products: Ads and Product Safety

Business Competition: Antitrust Law

Business and Intellectual Property Law

Agency Law

Governance and Structure: the Law of Business Associations

Governance and Regulation: Securities Law

Business and Employees: Employment Regulation

Business and Employees: Employment Discrimination

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Exam 9: Environmental Regulation and Sustainability

Discuss lenders' liability under CERCLA.

Ralph Waters owns forested land. The Department of the Interior has declared that a small fruit fly on his property is an endangered species and prevented the harvesting of trees there. Ralph:

Describe what brownfields are and what the federal government had been doing to help manage them.

Data barn litigation has used nuisance and trespass as legal theories against electric utilities.

A public nuisance:

The EPA is authorized to pay up to $100,000 rewards to people who provide information leading to criminal convictions or civil penalties.

A National Pollutant Discharge Elimination Permit:

The parent corporation could have CERCLA liability for a subsidiary.

The Clean Air Act 1970 Amendments were the first federal legislation with any real authority for enforcement.

The first federal legislation dealing with air pollution was the _____ Act.

Which of the following acts controls point sources?

The Oil Pollution Act of 1990:

SIPs must be approved by the EPA.

The Endangered Species Act:

Which of the following acts established the Superfund?

The EPA does not regulate drinking water.

Explain the economic incentives under the Clean Air Act of 1990 for companies to have fewer emissions.

Basa Industries, Inc., because of processing changes, has "0" emissions from its plant in New Mexico. However, Basa holds a permit for emissions from the EPA. Basa:

Introduction to Law

Business Ethics and Social Responsibility

The Court System and Dispute Resolution

Business and the Constitution

Administrative Law

International Law

Business Crime

Business Torts

Contracts and Sales: Introduction and Formation

Contracts and Sales: Performance, Remedies, and Rights

Business Marketing and Products: Ads and Product Safety

Business Competition: Antitrust Law

Business and Intellectual Property Law

Agency Law

Governance and Structure: the Law of Business Associations

Governance and Regulation: Securities Law

Business and Employees: Employment Regulation

Business and Employees: Employment Discrimination

Filters