Question 1

Under what conditions would a permit be issued to a landowner seeking to add dredged or filled material to a wetland?

Accepted Answer

The permit will be issued only when the landowner demonstrates that 1)he has taken steps to avoid wetland impacts where practical,2)he has minimized the potential impacts to wetlands,3)he has provided compensation for any remaining unavoidable impacts through activities to restore or create wetlands,and 4)the activity is in the public interest.

Question 2

An Environmental Impact Statement should contain which of the following items?

Accepted Answer

A) Expected profit of the project over a five-year span. 
B) The number and type of jobs the project would create. 
C) The number of federal contractors involved along with a projection on the effect of the local economy. 
D) Expected short-term profit of the project. 
E) Alternatives to the proposed action. 
A) Expected profit of the project over a five-year span. 
B) The number and type of jobs the project would create. 
C) The number of federal contractors involved along with a projection on the effect of the local economy. 
D) Expected short-term profit of the project. 
E) Alternatives to the proposed action. E

Question 3

Under the Comprehensive Environmental Response,Compensation and Liability act CERCLA),who are the potentially responsible parties?

Accepted Answer

Under CERCLA,ultimate liability for cleanup of land contaminated by waste is placed on potentially responsible parties PRPs).PRPs include 1)present owners or operators of a facility where hazardous materials are stored,2)owners or operators at the time the waste was deposited there,3)generators of the hazardous waste dumped at the site,and 4)those who transported hazardous waste to the site.

Question 4

Establishing the procedures that must be followed whenever a new chemical is about to be introduced into the market is the primary goal of which of the following acts?

Accepted Answer

A) The Illegal Toxic Substances Act 
B) The Toxic Substances Control Act 
C) The Federal Insecticide,Fungicide,and Rodenticide Act 
D) The Health and Environment Control Act 
E) The Hazardous Chemical Act 
A) The Illegal Toxic Substances Act 
B) The Toxic Substances Control Act 
C) The Federal Insecticide,Fungicide,and Rodenticide Act 
D) The Health and Environment Control Act 
E) The Hazardous Chemical Act

Question 5

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:

Accepted Answer

A) Marketable discharge permits. 
B) Tort law. 
C) Direct regulation. 
D) Green taxes. 
E) Government subsidies. 
A) Marketable discharge permits. 
B) Tort law. 
C) Direct regulation. 
D) Green taxes. 
E) Government subsidies.

Question 6

Troy Chemical Company is about to introduce a new chemical into the market.What regulation applies to Troy Chemical's new product?

Accepted Answer

A) The Health and Environment Control Act 
B) The Illegal Toxic Substances Act 
C) The Federal Insecticide,Fungicide,and Rodenticide Act 
D) The Toxic Substances Control Act 
E) The Hazardous Chemical Act 
A) The Health and Environment Control Act 
B) The Illegal Toxic Substances Act 
C) The Federal Insecticide,Fungicide,and Rodenticide Act 
D) The Toxic Substances Control Act 
E) The Hazardous Chemical Act

Question 7

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

Accepted Answer

A) Marketable discharge permits. 
B) Direct regulation. 
C) Green taxes. 
D) Government subsidies. 
E) Tort law. 
A) Marketable discharge permits. 
B) Direct regulation. 
C) Green taxes. 
D) Government subsidies. 
E) Tort law.

Question 8

Is Leo correct that there are no criminal penalties under the Clean Air Act?

Accepted Answer

A) Yes,he is correct. 
B) No,he is incorrect;and although violators are not subject to imprisonment under the act,parties that knowingly violate the act can be subject to criminal fines of up to $1 million per day. 
C) No,he is incorrect;and criminal penalties include the provision that parties who knowingly violate the act can be subject to criminal fines of up to $1 million per day,and corporate officers are also potentially subject to imprisonment for up to two years for violating certain provisions of the act. 
D) No,he is incorrect;and criminal penalties include the provision that parties who knowingly violate the act can be subject to criminal fines of up to $1 million per day,and corporate officers are also potentially subject to imprisonment for up to five years for violating certain provisions of the act. 
E) No,he is incorrect;and criminal penalties include the provision that parties who knowingly violate the act can be subject to criminal fines of up to $1 million per month,and corporate officers are also potentially subject to imprisonment for up to two years for violating certain provisions of the act. 
A) Yes,he is correct. 
B) No,he is incorrect;and although violators are not subject to imprisonment under the act,parties that knowingly violate the act can be subject to criminal fines of up to $1 million per day. 
C) No,he is incorrect;and criminal penalties include the provision that parties who knowingly violate the act can be subject to criminal fines of up to $1 million per day,and corporate officers are also potentially subject to imprisonment for up to two years for violating certain provisions of the act. 
D) No,he is incorrect;and criminal penalties include the provision that parties who knowingly violate the act can be subject to criminal fines of up to $1 million per day,and corporate officers are also potentially subject to imprisonment for up to five years for violating certain provisions of the act. 
E) No,he is incorrect;and criminal penalties include the provision that parties who knowingly violate the act can be subject to criminal fines of up to $1 million per month,and corporate officers are also potentially subject to imprisonment for up to two years for violating certain provisions of the act.

Question 9

A company purposefully disposes of toxic chemicals into the water supply for a nearby township.What penalties could the company face under the Clean Water Act?

Accepted Answer

A) A maximum $1 million fine. 
B) Jail time only 
C) A civil lawsuit only 
D) A maximum $250,000 criminal fine 
E) A maximum $25,000 per day fine. 
A) A maximum $1 million fine. 
B) Jail time only 
C) A civil lawsuit only 
D) A maximum $250,000 criminal fine 
E) A maximum $25,000 per day fine.

Question 10

Which of the following regulates pesticides?

Accepted Answer

A) The Illegal Toxic Substances Act 
B) The Health and Environment Control Act 
C) The Toxic Substances Control Act 
D) The Hazardous Chemical Act 
E) The Federal Insecticide,Fungicide,and Rodenticide Act 
A) The Illegal Toxic Substances Act 
B) The Health and Environment Control Act 
C) The Toxic Substances Control Act 
D) The Hazardous Chemical Act 
E) The Federal Insecticide,Fungicide,and Rodenticide Act

Question 11

[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 only the federal government can enforce the Clean Air Act?

Accepted Answer

A) Yes,he is correct. 
B) No,he is incorrect because the federal government,individuals,or state environmental agencies may enforce the Clean Air Act regulations involving carbon monoxide emissions. 
C) No,he is incorrect because only the states may enforce the Clean Air Act. 
D) No,he is incorrect because either the federal government or state environmental agencies may enforce the Clean Air Act. 
E) No,he is incorrect because only the states or individuals may enforce the Clean Air Act. 
A) Yes,he is correct. 
B) No,he is incorrect because the federal government,individuals,or state environmental agencies may enforce the Clean Air Act regulations involving carbon monoxide emissions. 
C) No,he is incorrect because only the states may enforce the Clean Air Act. 
D) No,he is incorrect because either the federal government or state environmental agencies may enforce the Clean Air Act. 
E) No,he is incorrect because only the states or individuals may enforce the Clean Air Act.

Question 12

[Not So Sly Trucker] Sly had a trucking business and advertised that he would transport "anything." One day Shady Corporation asked him to transport some hazardous waste and dump it on a farm telling him that he should be careful about touching any of the waste.A friend of Sly's asked him if he should check to see if Shady Corporation had the proper permits.Sly replied that he was unconcerned about permits for dumping because he was a mere transporter.A few years later,federal investigators operating on a tip from someone Sly had cheated in a poker game,discovered the farm.The material at issue consisted of a pile of hazardous waste dumped by Sly.The waste was removed;soil was cleaned;and the action,resulting in a permanent solution,was complete within 6 months.The government requested that Sly cover the clean-up costs.He refused on the basis that he was simply a trucker and did not make the waste.
-Cleaning up hazardous sites,such as the farm on which Sly dumped the hazardous waste,is one of the purposes of ________.

Accepted Answer

A) The Remedial Hazardous Material Act 
B) The Hazardous Waste Act 
C) The Comprehensive Waste Clean-Up Act 
D) The Hazardous Discovery,Remediation and Clean-Up Act 
E) The Comprehensive Environmental Response,Compensation and Liability Act 
A) The Remedial Hazardous Material Act 
B) The Hazardous Waste Act 
C) The Comprehensive Waste Clean-Up Act 
D) The Hazardous Discovery,Remediation and Clean-Up Act 
E) The Comprehensive Environmental Response,Compensation and Liability Act

Question 13

Under the Safe Drinking Water Act,which of the following is considered a public water supply system?

Accepted Answer

A) A water supply system that has at least 15 service connections or serves 25 or more persons. 
B) A water supply system that has at least 30 service connections or serves 10 or more persons. 
C) A water supply system that has at least 10 service connections or serves 50 or more persons. 
D) A water supply system that has at least 35 service connections and serves 30 or more persons. 
E) A water supply system that has at least 25 service connections or serves 55 or more persons. 
A) A water supply system that has at least 15 service connections or serves 25 or more persons. 
B) A water supply system that has at least 30 service connections or serves 10 or more persons. 
C) A water supply system that has at least 10 service connections or serves 50 or more persons. 
D) A water supply system that has at least 35 service connections and serves 30 or more persons. 
E) A water supply system that has at least 25 service connections or serves 55 or more persons.

Question 14

Regarding Sean's statement that swimming is not a concern of the government,which of the following is accurate?

Accepted Answer

A) Sean is partially correct.Swimming may be a concern of the states,but such swimming is not a concern of the federal government because it does not directly affect harm through,for example,drinking contaminated water. 
B) Sean is incorrect. 
C) Sean is correct. 
D) Sean is incorrect only if it can be established that the area was designated as an official tourist destination. 
E) Sean is incorrect only if it can be established that swimmers were incurring physical symptoms such as rashes. 
A) Sean is partially correct.Swimming may be a concern of the states,but such swimming is not a concern of the federal government because it does not directly affect harm through,for example,drinking contaminated water. 
B) Sean is incorrect. 
C) Sean is correct. 
D) Sean is incorrect only if it can be established that the area was designated as an official tourist destination. 
E) Sean is incorrect only if it can be established that swimmers were incurring physical symptoms such as rashes.

Question 15

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?

Accepted Answer

A) The Court found that the emissions at issue contributed to climate change and ordered that the EPA set standards in regard to them. 
B) The Court refused to consider the matter based on its determination that the issue of whether the emissions affected climate change was within the discretion of the EPA. 
C) The Court ordered that standards on the pollutants be set if the EPA found that the emissions at issue contributed to climate change. 
D) The Court dismissed the issue as moot on the basis that the EPA already recognized the dangers of global warming and was taking appropriate steps. 
E) The Court dismissed the lawsuit on the basis that the states had no standing to sue. 
A) The Court found that the emissions at issue contributed to climate change and ordered that the EPA set standards in regard to them. 
B) The Court refused to consider the matter based on its determination that the issue of whether the emissions affected climate change was within the discretion of the EPA. 
C) The Court ordered that standards on the pollutants be set if the EPA found that the emissions at issue contributed to climate change. 
D) The Court dismissed the issue as moot on the basis that the EPA already recognized the dangers of global warming and was taking appropriate steps. 
E) The Court dismissed the lawsuit on the basis that the states had no standing to sue.

Question 16

Which treaty requires signatory nations to adopt laws aimed at preventing,reducing and controlling any significant pollution of the marine environment?

Accepted Answer

A) The Eastern Pacific Ocean Tuna Fishing Agreement. 
B) The Convention on International Trade in Endangered Species. 
C) The Stockholm Convention on Persistent Organic Pollutants 
D) MARPOL. 
E) The Montreal Protocol. 
A) The Eastern Pacific Ocean Tuna Fishing Agreement. 
B) The Convention on International Trade in Endangered Species. 
C) The Stockholm Convention on Persistent Organic Pollutants 
D) MARPOL. 
E) The Montreal Protocol.

Question 17

Which treaty significantly reduced and,in some countries banned,the use of Ozone-depleting air pollutants?

Accepted Answer

A) The Marine Pollution Prevention Protocol 
B) The Montreal Protocol. 
C) The Eastern pacific Ocean Tuna Fishing Agreement. 
D) The Convention on International Trade in Endangered Species. 
E) MARPOL. 
A) The Marine Pollution Prevention Protocol 
B) The Montreal Protocol. 
C) The Eastern pacific Ocean Tuna Fishing Agreement. 
D) The Convention on International Trade in Endangered Species. 
E) MARPOL.

Question 18

Under what circumstances,if any,does the Environmental Protection Agency give a state the first opportunity to prosecute violators of the Resource Conservation and Recovery Act?

Accepted Answer

A) When the state has set up its own program for managing hazardous waste that is at least as stringent as the federal program. 
B) When the state has reduced hazardous waste production at least 5% per year for each of the previous three years. 
C) When the state has reduced hazardous waste production at least 10% per year for each of the previous three years. 
D) When the state has stronger criminal penalties for violation of its hazardous waste laws than does the Resource Conservation and Recovery Act. 
E) The Environmental Protection Agency never gives a state the first opportunity to prosecute violators of the Resource Conservation and Recovery Act. 
A) When the state has set up its own program for managing hazardous waste that is at least as stringent as the federal program. 
B) When the state has reduced hazardous waste production at least 5% per year for each of the previous three years. 
C) When the state has reduced hazardous waste production at least 10% per year for each of the previous three years. 
D) When the state has stronger criminal penalties for violation of its hazardous waste laws than does the Resource Conservation and Recovery Act. 
E) The Environmental Protection Agency never gives a state the first opportunity to prosecute violators of the Resource Conservation and Recovery Act.

Question 19

Regarding Sean's statement that any federal penalties are negligible,which of the following is accurate?

Accepted Answer

A) Sean is incorrect,and while incarceration may not be imposed under federal law,knowingly endangering someone by violating the Clean Water Act can result in a criminal fine of up to $150,000 for an individual and $1 million for an organization. 
B) Sean is incorrect,and both incarceration and fines may be imposed. 
C) Sean is incorrect,and while fines may not be imposed,any individual knowingly endangering someone while violating the Clean Water Act may face up to 10 years in prison. 
D) Sean is correct. 
E) Sean is incorrect,and while incarceration may not be imposed under federal law,penalties are substantial including penalties of up to $5,000 per day. 
A) Sean is incorrect,and while incarceration may not be imposed under federal law,knowingly endangering someone by violating the Clean Water Act can result in a criminal fine of up to $150,000 for an individual and $1 million for an organization. 
B) Sean is incorrect,and both incarceration and fines may be imposed. 
C) Sean is incorrect,and while fines may not be imposed,any individual knowingly endangering someone while violating the Clean Water Act may face up to 10 years in prison. 
D) Sean is correct. 
E) Sean is incorrect,and while incarceration may not be imposed under federal law,penalties are substantial including penalties of up to $5,000 per day.

Question 20

The federal law that protects the quality of the water we drink is .

Accepted Answer

A) The Water Use Act 
B) The Water Safety Act 
C) The Federal Water Pollution Control Act 
D) The Safe Drinking Water Act 
E) The Water Control Act 
A) The Water Use Act 
B) The Water Safety Act 
C) The Federal Water Pollution Control Act 
D) The Safe Drinking Water Act 
E) The Water Control Act

Exam 46: Environmental Law

Under what conditions would a permit be issued to a landowner seeking to add dredged or filled material to a wetland?

An Environmental Impact Statement should contain which of the following items?

Under the Comprehensive Environmental Response,Compensation and Liability act CERCLA),who are the potentially responsible parties?

Establishing the procedures that must be followed whenever a new chemical is about to be introduced into the market is the primary goal of which of the following acts?

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:

Troy Chemical Company is about to introduce a new chemical into the market.What regulation applies to Troy Chemical's new product?

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

Is Leo correct that there are no criminal penalties under the Clean Air Act?

A company purposefully disposes of toxic chemicals into the water supply for a nearby township.What penalties could the company face under the Clean Water Act?

Which of the following regulates pesticides?

Under the Safe Drinking Water Act,which of the following is considered a public water supply system?

Regarding Sean's statement that swimming is not a concern of the government,which of the following is accurate?

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?

Which treaty requires signatory nations to adopt laws aimed at preventing,reducing and controlling any significant pollution of the marine environment?

Which treaty significantly reduced and,in some countries banned,the use of Ozone-depleting air pollutants?

Under what circumstances,if any,does the Environmental Protection Agency give a state the first opportunity to prosecute violators of the Resource Conservation and Recovery Act?

Regarding Sean's statement that any federal penalties are negligible,which of the following is accurate?

The federal law that protects the quality of the water we drink is .

An Introduction to Dynamic Business Law

Business Ethics

The Uslegal System

Alternative Dispute Resolution

Constitutional Principles

International and Comparative Law

Crime and the Business Community

Tort Law

Negligence and Strict Liability

Product Liability

Liability of Accountants and Other Professionals

Intellectual Property

Introduction to Contracts

Agreement

Consideration

Capacity and Legality

Legal Assent

Contracts in Writing

Third-Party Rights to Contracts

Discharge and Remedies

Introduction to Sales and Lease Contracts

Title,risk of Loss,and Insurable Interest

Performance and Obligations Under Sales and Leases

Remedies for Breach of Sales and Lease Contracts

Warranties

Negotiable Instruments: Negotiability and Transferability

Negotiation, holder in Due Course, and Defenses

Liability, defenses, and Discharge

Checks and Electronic Fund Transfers

Secured Transactions

Other Creditors Remedies and Suretyship

Bankruptcy and Reorganization

Agency Formation and Duties

Liability to Third Parties and Termination

Forms of Business Organization

Partnerships: Nature, formation, and Operation

Partnerships: Termination and Limited Partnerships

Corporations: Formation and Financing

Corporations: Directors, officers, and Shareholders

Corporations: Mergers, consolidations, terminations

Corporations: Securities and Investor Protection

Employment and Labor Law

Employment Discrimination

Administrative Law

Consumer Law

Antitrust Law

The Nature of Property, personal Property, and Bailments

Real Property

Landlord-Tenant Law

Insurance Law

Wills and Trusts

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