Exam 41: Environmental Law

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Remote Disposal Company operates a hazardous waste storage facility.Concerned that there may be a release of chemicals from the site,Remote sells the property to Serene Developers,Inc.If there is a release,Remote is most likely

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A

Hydraulic Equipment Company makes its products without required pollution control technology,causing a discharge of oily waste into the nearby Idle Lake.This activity can result in

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C

Ski Resorts,Inc.,wants to add a new run to its facility in a national park on federal land.For this action,an environmental impact statement is

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B

State laws may restrict a business's discharge of chemicals into the air or water.

(True/False)
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Rural Electric Company submits a bid to build a dam on federal land as part of a federal project.For this action,an environmental impact statement is most likely

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Only the Environmental Protection Agency can sue violators of emission limits under the Clean Air Act.

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The Environmental Protection Agency (EPA)has the authority to regulate "any air pollutant." Fresher Air Group,a private organization that supports cleaner air,can file a suit against the EPA to

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When a release of hazardous chemicals from a site occurs,potentially responsible parties can avoid liability through transfer of ownership.

(True/False)
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The Environmental Protection Agency is the primary federal agency regulating environmental law.

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Only offshore oil facilities that discharge oil into navigable waters are liable for the clean-up costs.

(True/False)
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Arkansas enacts pesticide-labeling requirements that are different from federal pesticide law,but that do not permit anything that federal law prohibits.BugOut Corporation,a pesticide maker,files a suit against the state to block the new rules.The court is most likely to rule that

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Fact Pattern 41-1 (Questions 6–7 apply) Rock Mining Company operates a gravel pit next to Sid’s residence. Sid files a suit against Rock, alleging that the pit is a nuisance and unreasonably inter¬feres with Sid’s enjoyment of his property. -Refer to Fact Pattern 41-1.The court is most likely to award Sid an injunction

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State and local government projects require federal environmental impact statements.

(True/False)
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Eminent Properties,Inc.,wants to fill its wetlands to build Fieldview Homes,a residential subdivision.The Clean Water Act prohibits the filling of wetlands unless

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The Environmental Protection Agency periodically updates the pollution standards.

(True/False)
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An environmental impact statement is required for every major federal action that significantly affects the quality of the environment.

(True/False)
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All environmental law consists of statutes and regulations.

(True/False)
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Fact Pattern 41-1 (Questions 6–7 apply) Rock Mining Company operates a gravel pit next to Sid’s residence. Sid files a suit against Rock, alleging that the pit is a nuisance and unreasonably inter¬feres with Sid’s enjoyment of his property. -Refer to Fact Pattern 41-1.The court is most likely to award Sid damages

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Federal statutes and regulations do not cover stationary sources of air pollution.

(True/False)
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Dandy Disposal Center operates a recycling plant.Edwin and other Dandy neighbors file a suit,alleging injuries from the plant.To succeed,they must show that Dandy failed to use reasonable care if the suit is based on

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