Exam 19: Environmental Law and Policy

An oil tanker crashes off the coast of California. It dumps millions of gallons of oil into the ocean. During the investigation of the crash, it is suspected that there might be gross negligence on the part of the ship's captain. Is the ship owner liable for the damages? Why or why not?

Which of the following is not presented in the textbook as a purpose of environmental protection statutes?

Who sets the water quality standards for the navigable waters in a state under the Clean Water Act (CWA)?

The Safe Drinking Water Act (SDWA) sets standards that are different for different water systems.

If a piece of land has long-term contamination, what is the EPA required to do first under the Superfund?

A factory has a permit to emit pollution at a specified level under the Clean Air Act. As part of upgrading its facilities, what must the factory do? What might be its concern?

What legislation amended the Comprehensive Environmental Response Compensation and Liability Act (CERCLA)?

In No Spray Coalition Inc. v. The City of New York, No Spray Coalition filed a lawsuit in New York City to stop the city's program of spraying for mosquitoes to prevent the spread of the West Nile Virus, a potentially fatal disease. No Spray contended that the chemicals were being sprayed in violation of the:

Banks that become owners of contaminated property through foreclosure are not liable for cleanup costs.

In Goodrich Corp. v. Town of Middlebury, there were two public landfills that were designated as Superfund sites. The principally responsible parties formed a coalition to sue several municipalities for assistance in cleanup costs. During the litigation, a special master was appointed to determine which parties contributed waste and how much each contributed. When the case went to trial, the district court chose not to follow the determinations of the special master; instead, the court itself determined the liability of the municipalities. The decision was appealed. The appellate court determined that disregarding the special master's determination of liability was:

The nickname for the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) is _____.

The legislation that established a process for federal agencies for making decisions that may reasonably impact the environment is called the:

Regulations that set out the average miles-per-gallon requirements for vehicles are properly called:

The Endangered Species Act (ESA) is administered by the Department of Commerce and the Department of the Interior.

The Toxic Substance Control Act (TSCA):

The Safe Drinking Water Act (SDWA) does not apply to which of these water sources?

The Clean Air Act (CAA) is an uncontroversial statute.

The Superfund requires that all states have emergency procedures in place in the event of a chemical spill.

The bank is considering making a loan on a piece of property that is home to a chemical factory. There is no evidence of any contamination, but the bank is concerned about being liable if there is a chemical spill. Should the bank be concerned?

The Resource Conservation and Recovery Act (RCRA) regulates: