Exam 45: Environmental Law and Sustainability

Fried Food, Inc., operates a commercial frying plant, discharging pol?lut?ants into the air. Greg reports the violations to the Environmental Protection Agency. Greg

Grease & Lubricants Inc. makes its products without required pollution control technology, causing a discharge of oily waste into the nearby Holly Lake. This activity can re?sult in

HazMat Waste Corporation operates a hazardous waste storage facility. Concerned that there may be a release of chemicals from the site, HazMat sells the property to Investment Holdings, Inc. If there is a release, HazMat is most likely

Under the Clean Water Act, criminal penalties apply whether a violation was intentional or unintentional.

Any oil facility that discharges oil into navigable waters or onto an adjoining shore may be liable for cleanup costs, as well as damages.

The National Pollutant Discharge Elimination System focuses on industrial wastewater and storm water discharges.

Only the federal government may restrict emissions from motor vehicles.

BioChemical Disposal Corporation operates a hazardous waste storage facility. ChemCo Inc. buys BioChemical before it is discovered that the firm's disposal practices violated CERCLA. With respect to these violations, Superfund imposes on ChemCo

The primary responsibility for implementing air-pollution standards established under the Clean Air Act rests with state and local governments.

Nashville, Tennessee, passes an ordinance to regulate waste disposal. The disposal of waste may also be regulated by

National Pollutant Discharge Elimination System permits can be issued even if a discharge will violate water-quality standards.

Businesses that engage in ultrahazardous activities are not liable for any injuries the activities cause.

Fact Pattern 45-1B (Questions B3-B4 apply) Open Pit Excavation Inc. operates a rock quarry next to Robyn's vineyard and winery. Robyn files a suit against Open Pit, alleging that the quarry is a nuisance and unreasonably inter?feres with Robyn's enjoyment of her property. -Refer to Fact Pattern 45-1B. The court is most likely to award Robyn an injunction

Pest Eradication, Inc., makes a pesticide with a one-in-a-million risk to people of developing cancer from exposure. This substance must be

An injured party may sue a business polluter in tort under the negligence and strict liability theories.

Public water systems operators must come as close as possible to meeting the Environmental Protection Agency's standards by using any available technology that is economically and technologically feasible.

Fact Pattern 45-1B (Questions B3-B4 apply) Open Pit Excavation Inc. operates a rock quarry next to Robyn's vineyard and winery. Robyn files a suit against Open Pit, alleging that the quarry is a nuisance and unreasonably inter?feres with Robyn's enjoyment of her property. -Refer to Fact Pattern 45-1B. The court is most likely to award Robyn damages

The Environmental Protection Agency has not concluded that greenhouse gases, including carbon dioxide emissions, constitute a public danger.

Condos & Course Development, Inc., fills a wetlands area that it owns without a permit from the U.S. Army Corps of Engineers. Condos & Course Development plan to build a golf course and residences on the site. Under the Clean Water Act, this is most likely

Industrial Solvents, Inc., averages $15,000 profit per day before deciding to ignore air pollution standards, after which the average is $30,000. Industrial Solvents is subject to a fine of