Exam 46: A: Environmental Law

Jack owns land located outside Metro City.Jack sells the land to Quality Disposal,Inc. ,which establishes a hazardous waste disposal facility at the site.Quality Disposal accepts only waste transported by Regional Trucking Company exclusively from Consolidated Industries,Inc.Several years later,Quality Disposal closes its facility and sells the land to Price Rite Corporation,which builds a Price Rite Discount Store on the site.Meanwhile,some of Metro's citizens complain to the Environmental Protection Agency (EPA)that Metro's municipal water supply is pol?luted.The EPA investigates and discovers that the sources of the pollu?tion are leaks of hazardous waste from what is now the Price Rite prop?erty.The EPA cleans up the site.Who can be held liable for the cost of cleaning up the site? What standards must Metro meet regarding the water?

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Question 1

Correct Answer:

Verified

Quality Disposal,Regional Trucking,Consolidated Industries,or Price Rite may be held liable for the cost of cleaning up the site.Under the Comprehensive Environmental Response,Compensation,and Liability Act (CERCLA),or Superfund,the EPA can recover the cost of cleaning up a leaking hazardous waste disposal site from the party who generated the waste disposed of at the site,the party who trans?ported the waste to the site,the party who owned or operated the site at the time of the disposal,or the current owner of the site.These poten?tially responsi?ble parties are jointly and severally liable: a party who generates only a fraction of the waste,for example,can be held liable for the entire clean-up cost.Of course,whoever is held liable for the cost can bring a contribu?tion action against any other person who is,or who may be,liable for a percentage of the expense.Under the Safe Drinking Water Act,Metro,as an operator of a municipal water supply system,is re?quired to meet the EPA's standards for the levels of pollutants in public water systems.Metro must use the best available technology that is economically and technologically feasible to meet these standards.

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

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(True/False)

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Question 2

Correct Answer:

Verified

False

The Social Security Administration hires Thorough Paving,Inc. ,to repave a parking lot.For this action,an environmental impact state?ment is most likely

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Question 3

Correct Answer:

Verified

Midwest Power Corporation wants to build a nuclear power plant on pri?vate land,for which a federal permit is required.For this action,an en?viron?mental impact statement is

(Multiple Choice)

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Question 4

It is a violation of federal law to destroy or deface any labeling required on a pesticide or herbicide.

(True/False)

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Question 5

Resource Mining Company's (RMC)complex spews smoke and odors.The site features its own rail system,and trucks enter and exit the com?plex night and day.Sam and other residents of an adjacent neighbor?hood can feel the vibrations of the trains and trucks,and suffer other ef?fects from RMC's operations.Sam and others file a suit against RMC.Why might the court rule in favor of RMC?

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Question 6

Fact Pattern 46-1B 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 46-1B.The court is most likely to award Sid damages

(Multiple Choice)

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Question 7

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

(True/False)

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Question 8

Natural Gas Company does not use proper filters on its smokestacks,which consequently pollute the air.Obie,a Natural Gas employee,suffers respiratory illness.To succeed in a suit against Natural Gas on the ground of negligence,Obie must show that he suffers from

(Multiple Choice)

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Question 9

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

(Multiple Choice)

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Question 10

Without a permit from the U.S.Army Corps of Engineers,Holiday Timeshares,Inc. ,fills a wetlands area that it owns before constructing a residential resort.Under the Clean Water Act,this is most likely

(Multiple Choice)

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Question 11

Water-quality standards are set by the states under Environmental Protection Agency supervision.

(True/False)

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Question 12

State laws may not regulate a business' s disposal of toxic wastes.

(True/False)

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Question 13

The Environmental Protection lists all hazardous air pollutants (HAPs)on a prioritized schedule.

(True/False)

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Question 14

The operations of Metal Refining Industries,Inc. ,are major sources of air pollu?tion.These operations must use

(Multiple Choice)

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Question 15

Environmental clean-up efforts include control of toxic chemicals used in agriculture and in industry.

(True/False)

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Question 16

Those who knowingly violate the Clean Air Act are exempt from liability.

(True/False)

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Question 17

National effluent (pollution)standards are set by the Environmental Protection Agency for each industry.

(True/False)

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Question 18

New Town Construction,Inc. ,wants to build a parking ramp to connect to its New Town Mall,both of which are on private land.For this action,an environmental impact statement is

(Multiple Choice)

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Question 19

Petro Industries,Inc. ,operates an oil refinery near Quigley River,which flows into Royal Lake.Discharging oil from the refinery into the river can result in

(Multiple Choice)

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Question 20

Showing 1 - 20 of 42

Exam 46: A: Environmental Law

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

The Social Security Administration hires Thorough Paving,Inc. ,to repave a parking lot.For this action,an environmental impact state?ment is most likely

Midwest Power Corporation wants to build a nuclear power plant on pri?vate land,for which a federal permit is required.For this action,an en?viron?mental impact statement is

It is a violation of federal law to destroy or deface any labeling required on a pesticide or herbicide.

Fact Pattern 46-1B 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 46-1B.The court is most likely to award Sid damages

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

Natural Gas Company does not use proper filters on its smokestacks,which consequently pollute the air.Obie,a Natural Gas employee,suffers respiratory illness.To succeed in a suit against Natural Gas on the ground of negligence,Obie must show that he suffers from

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

Without a permit from the U.S.Army Corps of Engineers,Holiday Timeshares,Inc. ,fills a wetlands area that it owns before constructing a residential resort.Under the Clean Water Act,this is most likely

Water-quality standards are set by the states under Environmental Protection Agency supervision.

State laws may not regulate a business' s disposal of toxic wastes.

The Environmental Protection lists all hazardous air pollutants (HAPs)on a prioritized schedule.

The operations of Metal Refining Industries,Inc. ,are major sources of air pollu?tion.These operations must use

Environmental clean-up efforts include control of toxic chemicals used in agriculture and in industry.

Those who knowingly violate the Clean Air Act are exempt from liability.

National effluent (pollution)standards are set by the Environmental Protection Agency for each industry.

New Town Construction,Inc. ,wants to build a parking ramp to connect to its New Town Mall,both of which are on private land.For this action,an environmental impact statement is

Petro Industries,Inc. ,operates an oil refinery near Quigley River,which flows into Royal Lake.Discharging oil from the refinery into the river can result in

A: Introduction to Law and Legal Reasoning

B: Introduction to Law and Legal Reasoning

C: Introduction to Law and Legal Reasoning

D: Introduction to Law and Legal Reasoning

A: Courts and Alternative Dispute Resolution

B: Courts and Alternative Dispute Resolution

A: Court Procedures

B: Court Procedures

A: Constitutional Authority to Regulate Business

B: Constitutional Authority to Regulate Business

A: Ethics and Business Decision Making

B: Ethics and Business Decision Making

A: Intentional Torts and Privacy

B: Intentional Torts and Privacy

A: Negligence and Strict Liability

B: Negligence and Strict Liability

C: Negligence and Strict Liability

D: Negligence and Strict Liability

A: Intellectual Property and Internet Law

B: Intellectual Property and Internet Law

A: Criminal Law and Cyber Crimes

B: Criminal Law and Cyber Crime

A: Nature and Terminology

B: Nature and Terminology

C: Nature and Terminology

D: Nature and Terminology

A: Agreement in Traditional and E-Contracts

B: Agreement in Traditional and E-Contracts

A: Consideration

B: Consideration

A: Capacity and Legality

B: Capacity and Legality

A: Mistakes,fraud,and Voluntary Consent

B: Mistakes,fraud,and Voluntary Consent

A: The Statute of Frauds

B: The Statute of Frauds

A: Third Party Rights

B: Third Party Rights

A: Performance and Discharge

B: Performance and Discharge

A: Breach of Contract and Remedies

B: Breach of Contract and Remedies

A: The Formation of Sales and Lease Contracts

B: The Formation of Sales and Lease Contracts

C: The Formation of Sales and Lease Contracts

D: The Formation of Sales and Lease Contracts

A: Title,risk,and Insurable Interest

B: Title,risk,and Insurable Interest

A: Performance Breach of Sales Lease Contracts

B: Performance Breach of Sales Lease Contracts

A: Warranties and Product Liability

B: Warranties and Product Liability

A: International Law in a Global Economy

B: International Law in a Global Economy

A: The Function Creation of Negotiable Instruments

B: The Function Creation of Negotiable Instruments

C: The Function Creation of Negotiable Instruments

D: The Function Creation of Negotiable Instruments

A: Transferability and Holder in Due Course

B: Transferability and Holder in Due Course

A: Liability,defenses,and Discharge