Deck 16: Environmental law

Question 1

The principal goal of the Clean Water act is to eliminate the discharge of pollutants into the non-navigable waters of the United States.

Answer 1

False

Question 2

The Clean Air Act requires that national ambient air quality standards be set without regard for cost considerations.

Answer 2

True

Question 3

Navigable waterways include all waterways used in interstate commerce.

Answer 3

True

Question 4

The Securities and Exchange Commission (SEC)has no requirements in regard to disclosing environmental liabilities.

Question 5

A fundamental element of the U.S.scheme of pollution control is the policy that the polluter pays.

Question 6

The Resource Conservation and Recovery Act bans the disposal of hazardous wastes onto land without treatment to render them less hazardous.

Question 7

Contractual arrangements to shift environmental liability between companies are binding on federal and state governments.

Question 8

Failure to comply with environmental laws can result in civil fines but not criminal penalties.

Question 9

Environmental laws establish minimum standards to which companies must adhere.

Question 10

Environmental law does not cover land-use regulation.

Question 11

Policy statements issued by the EPA have the force of law.

Question 12

The Resource Conservation and Recovery Act (RCRA)provides criminal sanctions for any person who knowingly transports any identified hazardous to a facility that does not have a permit for such waste management.

Question 13

The EPA does not delegate its federal authority to states when state environmental laws are approved.

Question 14

State environmental laws may not be more stringent than federal laws.

Question 15

A nuisance lawsuit cannot prevent pollution but may only provide a remedy after the fact.

Question 16

The Office of Environmental Justice was created to integrate environmental justice into the EPA's policies,programs and activities.

Question 17

A corporate officer can be held criminally liable under the Clean Water Act if he or she knowingly violated the act.

Question 18

The need to file a lawsuit in each case and the complexity of the common law made nuisance a cumbersome way to control environmental pollution in an industrialized society.

Question 19

The Toxic Substances and Control Act applies only to chemical substances manufactured in the U.S.,not to imported chemicals.

Question 20

The EPA is a cabinet-level department

Question 21

Which of the following laws applies to all chemical substances both manufactured in and imported into the United States?

A)Toxic Substances Control Act
B)Clean Water Act
C)Clean Air Act
D)Solid Waste Disposal Act

Question 22

The Clean Air Act does not require which of the following?

A)That the EPA must establish national ambient air quality standards.
B)That every state must meet their individual air quality standards.
C)That air quality in areas that already meet national standards cannot deteriorate.
D)That the EPA must preserve natural visibility in the wilderness areas.

Question 23

What does the Superfund Recycling Equity Act do?

A)It exempts recyclers from liability in private-party actions under CERCLA.
B)It exempts recyclers from suits brought by the state or federal government.
C)It provides a 10% federal rebate for recycling expenses incurred by corporations engaged in recycling activities.
D)It provides a 5% federal rebate for recycling expenses incurred by corporations engaged in recycling activities.

Question 24

What was the result in Pakootas v.Teck Cominco Metals,Ltd.,the case in the text in which the plaintiffs sued the defendant,a Canadian corporation,regarding an order under CERCLA pertaining to its contamination of water in Canada that reached the U.S.?

A)The court ruled that the defendant lacked the minimum contacts necessary to require it to submit to the jurisdiction of a U.S.court.
B)The court ruled that subject matter jurisdiction did not exist.
C)The court ruled that the defendant was subject to jurisdiction in the U.S.court.
D)The court ruled that the defendant lacked the minimum contacts necessary to require it to submit to the jurisdiction of a U.S.court and that subject matter jurisdiction did not exist.

Question 25

Which of the following are pollutants for which the EPA has set standards?

A)Sulfur dioxide
B)Ozone
C)Nitrogen dioxide
D)All the responses are correct

Question 26

_________ laws are laws that include such matters as wilderness preservation,wildlife protection,and national park designation.

A)Environmental
B)Natural resources
C)Wilderness
D)Conservation

Question 27

A nuisance lawsuit is not an effective way to deal with environmental issues because

A)a separate lawsuit has to be filed in each case.
B)such lawsuits could address only water pollution and air pollution,not other types of pollution.
C)a lawsuit cannot prevent pollution,but only provide a remedy.
D)Both because a separate lawsuit has to be filed in each case and because a lawsuit cannot prevent pollution,but only provide a remedy

Question 28

The main goal of the Clean Water Act is to

A)allow states the freedom to control the navigable waters within their borders.
B)give the federal government the power to control inland water sources.
C)eliminate the discharge of pollutants into the navigable waters off the United States.
D)stop individual state's pollution of national water sources.

Question 29

Under CERCLA potentially responsible parties include

A)the owner or operator at the time of disposal of the hazardous substance.
B)any person who arranged for treatment or disposal of hazardous substances at the facility.
C)the present owner or operator of the facility.
D)all of the responses are correct.

Question 30

When can a corporate officer be held civilly liable under the Clean Water Act?

A) Corporate officers are strictly liable whenever a violation by their company is established.
B) Only if the corporate officer specifically ordered the unlawful discharge.
C) If the corporate officer had the authority to exercise control over the activity that caused the unlawful discharge or if the officer knowingly violated the act.
D) Corporate officers may never be held liable in an individual capacity.

Question 31

Environmental laws are administered by the

A)Council on Environmental Quality
B)Environmental Protection Agency
C)National Environmental Policy Commission
D)Resource Conservation and Recovery Agency

Question 32

Which of the following authorizes the federal government to take remedial action in response to a release of hazardous substances into the environment?

A)CERCLA
B)Solid Waste Disposal Act
C)Resource Conservation and Recovery Act
D)Clean Air Act

Question 33

Which of the following statements is not true regarding the Environmental Protection Agency (EPA)?

A)It is an independent administrative agency.
B)It was created by an executive order.
C)It operates under the supervision of the president.
D)The appointment of the EPA administrator requires the advice and consent of the Senate.

Question 34

The management of hazardous waste is governed by the

A)Clean Air Act
B)Clean Water Act
C)Solid Waste Disposal Act
D)Federal Superfund Law

Question 35

The Environmental Protection Agency was created

A)by an executive order
B)by an act of Congress
C)by the vote of a majority of state governors
D)none of the above

Question 36

Under the Clean Air Act,if a nonattainment area fails to develop an adequate plan to attain the national standard,what penalties may be imposed?

A)No penalties may be imposed by the federal government because only individual states may impose penalties.
B)Limits on the use of federal highway funds.
C)Limits on drinking-water hookups.
D)Both limits on the use of federal highway funds and limits on drinking-water hookups.

Question 37

________ is imposed upon the generator of hazardous waste by the Resource Conservation and Recovery Act.

A)Strict liability and responsibility
B)Individual liability and responsibility
C)Cradle to grave responsibility
D)Joint and several liability

Question 38

Under CERCLA the Superfund money is spent

A)on a first come first served basis.
B)based in part on a national priorities list.
C)in chronological order from the date of the discovery.
D)according to the allocation voted by Congress.

Question 39

The principal regulatory program established by the Clean Water Act is the _________.

A)National Pollutant Discharge Elimination System
B)Federal Pollutant Reduction System
C)Uniform Water Pollution Requirements
D)Nationwide Clean Water Policy

Question 40

________ liability is the responsibility of an acquirer of corporate assets for the liabilities of the corporation that sold its assets.

A)Parent
B)Successor
C)Subsidiary
D)Environmental

Question 41

Environmental ________ is a systematic and ongoing process for determining whether property contains or emits hazardous substances and whether a company is in compliance with environmental laws

A)awareness
B)justice
C)due diligence
D)risk management

Question 42

Tina is the president of Bank X which holds a mortgage on a company found liable illegal disposal of hazardous waste.The company has stopped paying on its loan to Bank X.Tina would like to foreclose,but she does not want the bank to become liable under CERCLA as an owner.What should she do?

A)Tina should do nothing because foreclosure would automatically result in the bank becoming liable under CERCLA for clean-up costs.
B)Tina should go ahead and foreclose because so long as the bank did not participate in the management of the facility prior to foreclosure,the bank will not be considered liable under CERCLA for clean-up costs.
C)Tina should immediately arrange for the bank to become involved in managing the facility because so long as the bank participated in the management of the facility prior to foreclosure,the bank will not be considered liable under CERCLA for clean-up costs.
D)Tina might as well go ahead and foreclose because as a mortgage holder,the bank is already automatically liable under CERCLA for clean-up costs.

Question 43

Which of the following laws governs the quality of drinking water served by public drinking-water systems?

A)Clean Sip Act
B)Chemical Control Act
C)Safe Drinking Water Act
D)None of the responses are correct

Question 44

Government originally did not regulate the pollution created by industry.As environmental law developed,the government began to issue permits to businesses to control and regulate the amount of their pollution.Many industries claim that the cost of compliance with current environmental laws unduly hampers their ability to compete effectively in the marketplace.Is it fair to business owners to be burdened with these costs? Are the strict liability provisions in the federal environmental acts ethical and fair? Discuss fully.

Question 45

Fact pattern 16-1
Gretta is the CEO of a paper company built near a river used in interstate commerce although the state in which the company is located is land locked and not near the coast.Gretta determines that a significant amount of money needs to be spent to comply with the federal Clean Water Act.She is already in trouble with stockholders because of low profits and does not wish to spend extra money on pollution control.Therefore,she instructed employees to simply dump waste into the river.She was aware that she would be fired if the company received a heavy fine,but she decided to take the risk because she was in danger of being fired if profits did not come up anyway.Also,while Gretta believed that the Clean Air Act applied; Linda,a majority stockholder,told her that the Clean Water Act would not apply based upon the location of the plant.
Refer to fact pattern 16-1.Is Linda correct in her argument that the Clean Water Act would not apply based upon the location of the plant?

A)Yes,Linda is correct that the Clean Water Act would not apply because the state does not border the coast.
B)Yes,Linda is correct that the Clean Water Act would not apply because a river would not be considered a navigable waterway.
C)Yes,Linda is correct that the Clean Water Act would not apply because the state does not border the coast and also because a river would not be considered a navigable waterway.
D)No,Linda is incorrect; the river would be considered a navigable waterway; it does not matter that the state is not on the coast; and the Clean Water Act would apply.

Question 46

Identify and discuss the three broad categories of environmental laws.

Question 47

William is the CEO of ABC Company.William is concerned about hazardous waste that ABC generates.He decides to set up a subsidiary called Sub It Out and send all of the hazardous waste there.He plans,however,to have officials of ABC supervise and direct disposal operations at Sub It Out because he believes that some money can be made off of the waste product.William tells the board of directors that if things go bad with the subsidiary,then ABC Company can disavow any interest and stay out of trouble.Is William correct?

A)William is correct so long as no director of ABC Company sits on the board of Sub It Out.
B)William is correct so long as the subsidiary is correctly set up under applicable tax laws.
C)William is correct so long as no director of ABC Company sits on the board of Sub It Out and so long as the subsidiary is correctly set up under applicable tax laws.
D)William is incorrect,and ABC is likely to have direct liability for any violations of Sub It Out based on ABC's direction of the subsidiary.

Question 48

Which of the following laws applies to pesticide products?

A)Toxic Substances Control Act
B)Federal Insecticide,Fungicide and Rodenticide Act
C)Federal Rat Act
D)Uniform Pesticide Act

Question 49

Which of the following least accurately describes the effect of the Resource Conservation and Recovery Act (RCRA)on generators of hazardous waste?

A)It allows the EPA to track the transportation,treatment,and disposal of hazardous wastes from generator's facility to the final disposal site.
B)It requires each generator to treat the waste to render it less hazardous.
C)It bans the disposal of hazardous wastes onto federal land.
D)It imposes "cradle-to-grave" responsibility on generators of hazardous waste.

Question 50

Fact pattern 16-1
Gretta is the CEO of a paper company built near a river used in interstate commerce although the state in which the company is located is land locked and not near the coast.Gretta determines that a significant amount of money needs to be spent to comply with the federal Clean Water Act.She is already in trouble with stockholders because of low profits and does not wish to spend extra money on pollution control.Therefore,she instructed employees to simply dump waste into the river.She was aware that she would be fired if the company received a heavy fine,but she decided to take the risk because she was in danger of being fired if profits did not come up anyway.Also,while Gretta believed that the Clean Air Act applied; Linda,a majority stockholder,told her that the Clean Water Act would not apply based upon the location of the plant.
Refer to fact pattern 16-1.Does Gretta have any greater danger in this situation than being fired?

A)Yes,she can be held individually liable for the pollution since she knowingly violated the Clean Water Act; and she could face a fine as well as jail time.
B)Yes,she can be held individually liable for the pollution since she knowingly violated the Clean Water Act; but she could only be fined,not sent to jail.
C)So long as the majority shareholder approves of her actions,she cannot be fined or sent to jail for any environmental violation.
D)No.

Question 51

Which of the following is false regarding defenses to liability under CERCLA?

A)A defense to liability is that the release of hazardous substances was caused solely by an act of God such as an earthquake.
B)A defense to liability is that the release of hazardous substances was caused solely by an act of war.
C)A defense exists for purchasers of brownfields,contaminated sites that are eligible for cleaning and reclaiming with assistance from the Superfund.
D)A defense exists if the defendant is less than 50% at fault for the contamination.

Question 52

Toby is the commissioner of environmental matters for State X,the state with the cleanest air in U.S.Pollution Company wants to move into State X.Unfortunately,State X has had a severe economic downturn.Many of the citizens are ready to trade some environmental cleanliness for jobs.Toby is on the hot seat.The governor and others say that State X has done very well and has always beaten all other states in meeting national ambient air quality standards.In fact,State X is so far in compliance that Pollution Company could operate for many tears before there was a problem.What would you suggest to Toby regarding compliance with the Clean Air Act?

A)Toby should disregard the Clean Air Act so long as his state is meeting national ambient air quality standards.
B)Toby should disregard the Clean Air Act so long as his state is meeting national ambient air quality standards,and he can show an economic downturn of at least 10% in his state over the past 12 months.
C)Toby should disregard the Clean Air Act so long as his state is meeting national ambient air quality standards,he can show an economic downturn of at least 10% in his state over the past 12 months,and he can show an increase in the unemployment level of at least 5% in his state over the past 12 months.
D)Toby should not disregard the Clean Air Act because it requires that air quality in those areas that meet the national ambient air quality standards not be allowed to deteriorate.

Question 53

Which of the following is true regarding the authority of administering agencies?

A)The environmental laws give broad authority to the administering agencies to conduct on-site inspections of plant facilities and their records.
B)The environmental laws give limited authority to the administering agencies to conduct on-site inspections of plant facilities and their records.
C)The environmental laws give no authority to the administering agencies to conduct on-site inspections of plant facilities and their records.
D)The environmental laws give limited authority to administering agencies to conduct on-site inspections of plant records,but facilities may not be directly inspected by administering agencies.

Question 54

Under the concept of ________,corporations started placing environmental management in the profit area rather than the cost side of doing business.

A)strategic environmental management
B)innovation offsets
C)industrial ecology
D)command and control policy

Question 55

Which of the following statements does not describe the relationship between the EPA and an EPA approved State environmental program?

A)The EPA does not delegate its federal authority to the state involved.
B)The EPA provides oversight and retains its enforcement authority.
C)The EPA does not implement the federal program in that state.
D)The EPA may not revoke its authorization.

Question 56

Enforcement of environmental laws includes which of the following?

A)Monitoring of regulated companies' compliance with the laws.
B)Remediation of problems.
C)Punishment of violators.
D)All of the responses are correct.

Question 57

Explain what the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act (RCRA)authorizes the EPA to do.

Question 58

Who are potentially responsible parties under CERCLA?

Question 59

Set forth the Clean Air Act's four types of air quality goals.

Question 60

Which of the following laws requires government decision makers to take into account the effects of their decisions on the quality of the environment?

A)Quality Decision Act of 2003
B)Comprehensive Liability Act of 1990
C)National Implementation Act
D)National Environmental Policy Act of 1969

Question 61

What is the Kyoto Protocol? Is the U.S.a signatory?

Question 62

Define the term "navigable waters" as used in the Clean Water Act and set forth what the U.S.Supreme Court has said that the term includes and excludes.Why was the U.S.Supreme Court concerned with limiting the scope of the term "navigable waters"?

Question 63

Discuss state environmental laws and how the EPA interacts with states that have environmental laws.