Deck 27: Environmental Law

Question 1

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 the EPA.

Answer 1

True

Question 2

Which of the following is NOT a provision of the Clean Air Act?

A)establishment of national ambient air quality standards
B)prevention of significant deterioration (PSD)program
C)regulation of stationary sources
D)consolidation of environmental regulation under one agency

Answer 2

D

Question 3

The prevention of significant deterioration (PSD)program was developed to prevent deterioration in air quality that would create health problems for those affected.

Answer 3

False

Question 4

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

Question 5

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

Question 6

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

Question 7

The cost-benefit trade-off is particularly complex in environmental issues because those who pay the cost often are not the ones who receive the benefit.

Question 8

The disposal of nonhazardous solid waste has generally been left to the states.

Question 9

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 10

Cincy, Inc. is building a $20 million addition onto its distribution facility. To build the facility, Cincy must fill in two acres of wetlands. Under the Clean Water Act, Cincy must obtain a permit before filling in the wetlands.

Question 11

Which program was designed as a method for limiting air pollutants in an economically efficient manner by allowing enterprises to sell its leftover emissions allowance to other companies or stockpile it for future use?

A)the Paris Accord
B)cap and trade
C)total maximum daily load (TMDL)
D)Resource Conservation and Recovery Act (RCRA)

Question 12

Armand 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. Armand would be subject to a primary national ambient air quality standard established by the EPA.

Question 13

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 14

Truan, Inc. has decided to market a new pesticide. Truan must register the pesticide with the EPA.

Question 15

Under the ______ administration, the United States withdrew from the Paris Accord, an international agreement to prevent climate change.

A)Nixon
B)Reagan
C)Obama
D)Trump

Question 16

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 17

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

Question 18

Chemicals are so common in consumer products that babies are now born with hundreds of chemicals in their blood.

Question 19

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

Question 20

The EPA will allow individual states' air pollution level to rise as long as it still meets the EPA's existing national standards.

Question 21

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

A)Sam cannot be criminally prosecuted for violating this statute.
B)Sam faces criminal fines as well as imprisonment.
C)Sam faces only criminal fines.
D)The only penalty Sam faces is an injunction to prevent further violations.

Question 22

In considering what is navigable waters , the Supreme Court ruled that

A)the definition of navigable water must include all ponds and lakes even if they are not connected to open bodies of water.
B)waterways confined to one state can be navigable water if pollutants can leak into drinking water.
C)the definition of navigable water excludes intermittent streams or wetlands.
D)all waterways including wetlands, intermittent streams, and ponds are all navigable waters.

Question 23

Which law establishes rules for treating both hazardous and nonhazardous forms of solid waste?

A)National Environmental Policy Act
B)Toxic Substances Control Act
C)Safe Drinking Water Act
D)Resource Conversation and Recovery Act

Question 24

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 25

All of following must be included in a federal Environmental Impact Statement EXCEPT

A)the available alternatives to the proposed action.
B)the means to mitigate adverse environmental impacts.
C)the direct and indirect effects of the proposed action.
D)the cost of implementing the proposed action.

Question 26

Under the Endangered Species Act, all federal agencies must

A)avoid the use of all chemicals until the EPA has determined they are safe.
B)prepare an environmental impact statement for actions significantly affecting the environment.
C)avoid damage to habitat critical to the survival of endangered species.
D)All of these are correct.

Question 27

Fresh Air, a nonprofit environmental organization, believes that Cincy Co. is violating the Clean Air Act. The EPA has not taken any action against Cincy Co. In this instance, Fresh Air

A)can file a citizen suit against the EPA.
B)can file an executive order with Cincy Co.
C)cannot file a lawsuit but can ask an administrative law judge to hear its complaint.
D)cannot file a lawsuit but can lobby Congress to force the EPA to act.

Question 28

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

A)National Park Service
B)Fish and Wildlife Service
C)Bureau of Land Management
D)Bureau of Safety and Environmental Enforcement

Question 29

What was at issue in the Michigan v. EPA case? ​

A)a determination as to whether climate change is "real"
B)a provision directing the EPA to regulate power plant emissions if appropriate and necessary
C)the legality of implementing the Paris Accord
D)whether the CWA should cover all navigable waters in the United States

Question 30

Which of the following is a point source of water pollution?

A)discharge from a factory water pipe
B)oil spill into a body of water
C)stormwater run-off that carries pollutants
D)water that has been used as a coolant and returned to the waterways

Question 31

Which law requires the EPA to set national standards for substances if they are potentially harmful to human health?

A)Resource Conservation and Recovery Act
B)Oil Pollution Act
C)Safe Drinking Water Act
D)Ocean Dumping Act

Question 32

What administrative agency regulates pesticides, insecticides, fungicides, and rodenticides?

A)Food and Drug Administration
B)Occupational Safety and Health Administration
C)Environmental Protection Agency
D)Nuclear Regulatory Commission

Question 33

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. In this instance, Coastal City Power

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 34

The Toxic Substances Control Act regulates

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

Question 35

Foiler 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 36

Under the Clean Air Act

A)California was granted special permission to set stricter pollution standards than the federal standards.
B)all states must follow federal automobile emission standards.
C)the states must each set automobile emission standards, which must then be approved by the EPA.
D)states were given the option of following federal standards or adopting their own stricter standards.

Question 37

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
D)to the condition of the property before the hazardous waste was dumped on it

Question 38

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 later sold the land to Mary, who used the entire building for her business. She discovered that there were hazardous material storage tanks buried in the land. She removed 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. Which of the following statements is correct?

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 39

Which of the following would be considered a stationary source?

A)a locomotive
B)an automobile
C)a factory
D)All of these are correct.

Question 40

Which of the following statements regarding automobile pollution is true?

A)If states do not adopt their own set of automobile pollution standards, they must abide by those of the federal government.
B)California and New York are the only two states with separate automobile pollution standards.
C)California sets even stricter pollution standards than the Clean Air Act.
D)Because of federal standards, motor vehicles are no longer a major source of air pollution.

Question 41

Trent was the production manager at HGB, Inc. Under his supervision, HGB filled in an area of wetlands on the company's property without a permit. Has Trent violated the law? What penalties might he face?

Question 42

Discuss the purpose of the Paris Accord and its relationship to the United States.

Question 43

When must an environmental impact statement be prepared and what must it discuss?

Question 44

Discuss the major provisions of the Clean Air Act.

Question 45

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, Richard, is liable to him for the cost of removing the tanks. Richard claims he owned the lot for 20 years and never knew of the underground tanks. Richard 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 Richard is liable to James. Does Thomas or do his heirs have any liability to James or Richard?