Deck 26: Environmental Law

Question 1

Weste,Inc.decided to expand by building a $50 million manufacturing facility.The expansion is not regulated or approved by the government.Nevertheless,Weste must prepare an environmental impact statement.

Answer 1

False

Question 2

A Japanese company operates a ship called the Kinia.If the Kinia sails in U.S.waters,it must comply with the standards set by the Oil Pollution Act of 1990.

Answer 2

True

Question 3

A person who violates the Clean Water Act can face possible imprisonment in addition to other penalties.

Answer 3

True

Question 4

The Food Quality Protection Act requires the EPA to set pesticide standards at levels that are safe for children,and if the available information is unclear,the EPA must reduce levels to one-half the amount now permitted in food under the Federal Food,Drug,and Cosmetic Act.

Question 5

If the United States had ratified the Kyoto Protocol,it would have been placed on an equal economic footing with its competitors China and India,which were bound by the treaty.

Question 6

Under the Clean Air Act:

A) states and the EPA were to act as partners wherein the individual states would formulate State Implementation Plans to meet primary and secondary standards created by the EPA.
B) the EPA formulated primary and secondary standards for air pollution; however, the individual states were not required to comply with these standards if they already had reasonable state statutes or regulations in place.
C) the states were required to follow the guidelines established by the EPA and did not have the authority to create their own state plans for implementing the federal standards.
D) state laws or regulations preempt or take precedence over the guidelines promulgated by the EPA.

Question 7

Sam,the chief executive officer of Boch Industries,was criminally prosecuted for violating the Resource Conservation and Recovery Act.Which of the following is correct concerning the penalties?

A) Sam cannot be punished because he was acting for Boch Industries. Boch Industries faces criminal fines.
B) Sam faces criminal fines as well as imprisonment.
C) Sam faces only criminal fines.
D) The only remedy Sam faces is an injunction to prevent further violations.

Question 8

Beecher,Inc.is building a $20 million dollar addition onto its distribution facility.To build the facility,Beecher must add fill material to two acres of wetlands.Under the Clean Water Act,Beecher needs a permit to fill in the wetlands.

Question 9

Local regulation is more effective than state or federal regulation in controlling air pollution.

Question 10

An Environmental Impact Statement must be prepared for every major federal project that significantly affects the quality of the environment.

Question 11

The EPA brought an administrative action against Boch Industries for violating the Clean Air Act.The administrative law judge ruled in the EPA's favor.Boch Industries:

A) can appeal the decision to a U. S. Court of Appeals and then to the U. S. Supreme Court.
B) can appeal to the U. S. Congress and then to the Chief Justice of the Supreme Court.
C) can appeal to the Chair of the EPA.
D) cannot appeal the decision.

Question 12

We Care,a nonprofit environmental organization,believes that Quanaco is violating the Clean Air Act.The EPA has not taken any action against Quanaco.We Care can file a citizens' suit against Quanaco,but not against the EPA.

Question 13

Under the Clean Water Act,a municipality must obtain a permit for any discharge from a wastewater treatment plant.To obtain a permit,the municipality must first treat the waste to reduce its toxicity.

Question 14

Scott Industries is producing a foul-smelling odor as a by-product of its factory's operations.However,the emission is not harmful to the health of those exposed to it.Scott would be subject to a primary national ambient air quality standard established by the EPA.

Question 15

Ogle,Inc.has decided to sell a new chemical.Before selling the chemical,Ogle must register it with the EPA.

Question 16

Federal legislation requires the government to develop plans to revive species that are in danger of becoming extinct.

Question 17

TriColor,Inc.purchased a piece of land from HBC,Inc.Hazardous waste was subsequently discovered on the land.Even though TriColor did nothing illegal,it may be liable under CERCLA for the cleanup costs.

Question 18

The Environmental Protection Agency (EPA)was created by Congress to:

A) consolidate environmental regulations under one agency.
B) protect corporate investors.
C) prevent conflicts between the Departments of Commerce and Interior.
D) eliminate discrimination.

Question 19

What prevents the market system from achieving a clean environment on its own?

A) Externalities.
B) Inefficiently managed business.
C) Remainders.
D) SIPs.

Question 20

Federal regulation of environmental issues is governed by one of several national agencies depending on whether the issue relates to water pollution,air pollution,or waste disposal.

Question 21

Under Superfund legislation,to what extent must a hazardous waste site be cleaned?

A) Reasonable conditions under the circumstances.
B) A safe level for the area in which it is located.
C) Pristine condition, regardless of cost, even if this is better than it was before the hazardous waste was dumped onto it.
D) To the condition of the property before the hazardous waste was dumped on it.

Question 22

The Clean Air Act of 1970 directed the EPA to reduce automobile pollution levels by:

A) 50 percent within 10 years.
B) 75 percent within 8 years.
C) 90 percent within 6 years.
D) 80 percent within 20 years.

Question 23

Under the Endangered Species Act,what federal agency is responsible for preparing a list of species that are in danger of becoming extinct?

A) Department of Commerce.
B) Department of the Interior.
C) Department of Labor.
D) Both (a) and (b) are correct.

Question 24

The Toxic Substances Control Act regulates:

A) chemicals other than pesticides, foods, drugs, and cosmetics.
B) insecticides.
C) natural gas.
D) pesticides.

Question 25

The United States has ____ percent of the world's population and consumes about ____ percent of the world's energy.

A) 20; 35
B) 15; 30
C) 10; 20
D) 5; 25

Question 26

Coastal City Power Plant received its annual sulfur dioxide emission allowance.Because it is using a low-sulfur fuel which burns cleaner than some fuels,it does not need its entire allowance this year.Coastal:

A) loses whatever unused allowance it has for the year.
B) may sell its leftover allowance to another company.
C) will not be regulated by an allowance next year since it was within its allowance for this year.
D) will only avoid future regulation if it signs an agreement to continue using either low-sulfur coal or natural gas in the future.

Question 27

Courts:

A) are required to uphold decisions of the EPA unless the courts find that the agency has acted arbitrarily and capriciously.
B) have no authority to review decisions of the EPA.
C) may disregard the decisions of the EPA and hear appealed cases de novo.
D) may give some weight to the decisions of the EPA, but need not follow the decisions on appeal if the court thinks it can reach a better decision.

Question 28

Which of the following projects would require the preparation of an Environmental Impact Statement?

A) A plan initiated by the Forest Service to eliminate a herd of wild goats causing damage in the Olympic (Washington) National Park.
B) The building of a golf course outside of Los Angeles that requires a government permit to build in wetlands.
C) The expansion of a runway to a major city airport.
D) All the above.

Question 29

The disposal of nonhazardous solid waste is:

A) generally regulated by state law, but the federal government sets guidelines that must be followed.
B) the only area of environmental concern that has yet to be regulated by federal action.
C) completely governed by federal administrative law.
D) currently the subject of great debate since the federal government has declared such activity falls under the Endangered Species Act and, therefore, a small annoying fly known to frequent landfills must be protected.

Question 30

The Safe Drinking Water Act:

A) was passed in 1990 in response to contaminants found in public water systems by university-sponsored testing facilities in several states.
B) assigns enforcement responsibility to the EPA.
C) requires community water systems to send every customer an annual consumer confidence report disclosing the level of contaminants in the drinking water.
D) limits the use of lead to 10 percent in any pipes through which drinking water flows.

Question 31

Acid rain is caused primarily by:

A) sulfur emissions from coal-burning utility plants.
B) automobile emissions, especially from large cities.
C) pesticides.
D) large-scale farming operations that raise livestock.

Question 32

Which of following must be included in a federal Environmental Impact Statement?

A) Available alternatives to the proposed action.
B) Means to mitigate adverse environmental impacts.
C) Direct and indirect effects of the proposed action.
D) All of the above.

Question 33

The PSD program:

A) prohibits any deterioration in current air quality only if such deterioration will have adverse health effects on the population in the area.
B) disallows building projects that will cause a major increase in pollution without an EPA permit. Such permits will be granted only if the applicant demonstrates its emissions will not cause an overall decline in air quality and it has installed the best available control technology for every pollutant.
C) requires the best available control technology for any of the four pollutants listed by the EPA in its PSD standards.
D) was created to improve air quality by requiring companies designated as "major polluters" to reduce emissions by 20 percent over a five-year period.

Question 34

In 2009,the EPA:

A) denied California a waiver from the Clean Air Act standards, which would have allowed California permission to set stricter automobile pollution standards than the federal standards.
B) approved California automobile pollution standards, which were stricter than federal standards.
C) rejected California automobile pollution standards, which were not as strict as federal standards.
D) set individual automobile pollution standards for each state depending upon the density of its population.

Question 35

The Clean Water Act:

A) requires the EPA to set water quality standards and the states to develop plans to achieve them.
B) allows water quality standards to vary depending on the designated use of the body of water being regulated.
C) allows water quality standards to be set at a level above or below the current condition of the water.
D) All of the above.

Question 36

EPA regulations limiting soot:

A) primarily affected power plants and producers of vehicles and equipment which use diesel fuel.
B) were found by the Supreme Court to be invalid because the EPA had not conducted a cost-benefit analysis before imposing the regulations.
C) had as their primary importance the effect on global warming.
D) were developed under the PSD program.

Question 37

Which of the following Acts sets goals without regard to the cost involved in meeting the goals?

A) Clean Water Act.
B) Clean Air Act.
C) Both the Clean Water Act and the Clean Air Act.
D) Neither the Clean Water Act nor the Clean Air Act.

Question 38

In 1990 amendments to the Clean Air Act,the EPA was required to:

A) set standards for 38 specific pollutants based on the best available control technology.
B) establish standards on 100 specific pollutants at a level at which the risk of cancer from the substances was no more than one in ten million over a lifetime.
C) set standards for each of 189 specific pollutants based on the maximum achievable control technology.
D) regulate the level of carbon dioxide if the level was found to endanger health or welfare.

Question 39

Congress established a trust fund for the EPA to use in Superfund cleanup.This trust fund was initially financed by a tax on what?

A) The general public through federal income taxes.
B) Waste management and landfill operators.
C) The construction industry.
D) The oil and chemical industries.

Question 40

James owned real estate.He leased the building to two tenants.An insurance agent leased the first floor and a law firm leased the second floor.James sold the land to Mary,who used the entire building for her business.She discovered that there were underground storage tanks buried in the land.She had to remove the tanks and then sued James and the former tenants for the cost of removing the tanks,even though none of them knew the tanks had been there.In this situation:

A) James and the two tenants are liable.
B) James is liable to Mary, but the tenants are not.
C) The tenants are liable to Mary, but James is not.
D) Neither James nor the tenants are liable to Mary.

Question 41

Lanigan Manufacturing,a new corporation,estimates it may generate approximately 200 kilograms of hazardous waste each month.Discuss the EPA requirements it faces in relation to this waste.

Question 42

Discuss the four major provisions of the Clean Air Act.

Question 43

James purchased an abandoned lot.When he started to develop the land,he discovered several underground storage tanks containing hazardous waste buried on the site.He claims the seller,Richards,is liable to him for the cost of removing the tanks.Richards claims he owned the lot for 20 years and never knew of the underground tanks.Richards argues he purchased the land from Thomas and that Thomas or his heirs are liable for the cost of removing the underground tanks.Explain whether Richards has any liability for the costs of cleanup.Does Thomas or do his heirs have any liability?

Question 44

Big Hog Farms of America,Inc.,purchased 6,000 acres of farmland in South Dakota.The company intends to build several hog confinement buildings that will house nearly 40,000 hogs in each one.When completed,the facility will have over 200,000 hogs.The "hog factory" will cause terrible odors which will be extremely unpleasant for neighbors within five miles.A town of 2,500 people is only three miles north of the planned facility.The most serious concern is the disposal of all the hog manure,which will be very substantial.The hog factory will dump the hog sewage into large lagoons and then empty the watered-down sewage onto farm fields.It plans to sell some of this manure as fertilizer,though most of it will be spread on grounds the facility owns.
Despite all the uproar from people in the area,many people are in favor of the facility.It will employ nearly 200 people,purchase a lot of products (feed,supplies,etc.)from local businesses,and generate a lot of money into the economy.
Is this business required to submit an Environmental Impact Statement to the federal government and/or obtain a permit to operate from the EPA? Does the operation need any permits from the federal government to operate? Does it need authorization from state or local authorities? Explain.

Question 45

Dane was the production manager at HGB,Inc.Under his supervision,HGB released pollutants into a nearby river without a permit from the EPA.Has Dane violated the law? What penalties might he face?