Deck 49: Environmental Law and Land Use Controls

Question 1

The primary method the EPA uses for determining whether a factory can be built in a dirty area is the emissions offset policy.

Answer 1

True

Question 2

An example of a nuisance could be smoke from a chemical plant that damages the paint on neighboring houses.

Answer 2

True

Question 3

Funds from the Superfund are used to pay the cost of eliminating or containing condemned waste sites.

Answer 3

True

Question 4

A private citizen can bring a suit to halt the construction of a dam by the federal government if the agency responsible failed to conduct an environmental impact study or if the study is inadequate.

Question 5

Both companies and their employees are subject to criminal penalties for violations of federal environmental laws.

Question 6

The Clean Air Agency was authorized by Congress to establish national air quality standards and see that the states developed plans for the implementation of those standards.

Question 7

Nuisances may be classified as either private nuisances or public nuisances.

Question 8

States that do not meet federal standards under The Clean Air Act are classified as nonattainment areas.

Question 9

The fact that harm occurred is sufficient to establish a prima facia case for a nuisance.

Question 10

The Resource Conservation and Recovery Act (RCRA)regulates the disposal and dumping of potentially harmful substances through a permit system using federal grants to encourage the restoration of damaged resources.

Question 11

A civil nuisance may be terminated by abatement or closure by government authority,while a criminal nuisance is not subject to such action.

Question 12

The primary federal agency responsible for federal environmental laws is the EPA.

Question 13

The Noise Control Act sets the standards for lawn mowers,automobiles,and other devices often found in suburban neighborhoods.

Question 14

The EPA's highest standard to regulate conventional water pollutants is the best available treatment (BAT)standard.

Question 15

Under the Clean Water Act,the EPA has developed effluent guidelines,which are ranges for discharges organized according to industrial groups and for specific plants in each of these groups.

Question 16

Groups such as NIMBYs (not in my backyard)have become active in challenging nuisances,everything from cell phone towers to wind turbines.

Question 17

Those affected by a nuisance are entitled to damages for the loss of the use of the land or for harm that is caused by the nuisance.

Question 18

The current EPA standard for coal-fired power plants is maximum achievable control technology (MACT).

Question 19

Solid waste disposal regulations today deal almost entirely with recycling.

Question 20

Due diligence is the process by which the buyer of property conducts a thorough investigation of the property and its uses to determine whether environmental or nuisance problems exist.

Question 21

A right to a nonconforming use of land cannot be lost through abandonment.

Question 22

Under CERCLA,all the following are liable potentially responsible parties,except: ________.

A) current owners of contaminated property
B) operators of contaminated property
C) banks and financial institutions who loaned money to purchase contaminated property.
D) past owners of contaminated property.

Question 23

The zoning power permits any regulation that is conducive to advancing public health,welfare,and safety.

Question 24

Due diligence usually consists of searching public records and inspecting the land.

Question 25

Spot zoning may result in such inequality as to be condemned by the courts.

Question 26

The bubble concept:

A) refers to dirty areas that do not meet federal standards under the Clear Air Act.
B) controls whether new factories can be built in a nonattainment area.
C) is a method for determining total emissions in one area.
D) refers to the plant with the greatest amount of room to improve.

Question 27

If any uncertainty exists in the interpretation of a restrictive covenant,the covenant will be construed strictly in favor of the free use of the land.

Question 28

The EPA has promulgated the _______ which has a 'good neighbor' provision requiring upwind states to reduce emissions that result in air pollution problems in states downwind.

A) Best Available Technology Rule.
B) Maximum Achievable Control Technology Rule
C) Emissions Offset Rule
D) Transport Rule.

Question 29

In the Environmental Defense v.Duke Energy case,the U.S.Supreme Court held that the EPA could step up its permitted requirements from ______ to _______ - a standard that is not controlled by cost alone.

A) best available technology (BAT), maximum achievable control technology (MACT). , Compensation, and Liability Act (CERCLA)
B) emissions offset, bubble concept
C) emissions offset, nonattainment
D) best convenient treatment, best available treatment

Question 30

A variance permits an owner of land to use it in a specified manner that is inconsistent with zoning ordinances.

Question 31

The object of zoning is to ensure an orderly physical development of the geographic area that is regulated.

Question 32

When the desired use of land is in harmony with the general nature of surrounding areas,a zoning variance is usually granted.

Question 33

The __________ increased the role of the _______ to allow businesses to transfer their emissions permits to someone else who can then use them without affecting total emissions in the designated area.

A) Clean Air Act, bubble concept
B) the Air Pollution Control Act, emissions offset policy
C) EPA, nonattainment area
D) EPA, emissions offset policy

Question 34

What is a principal purpose of the Superfund?

A) to establish environmentally-friendly zoning plans
B) to establish appropriate eminent domain compensation
C) to pay the cost of eliminating or containing condemned waste sites
D) to pay the cost of funding environmental impact statements for public projects

Question 35

What federal act regulates the federal government in terms of its operations and impact on the environment?

A) the Environmental Protection Act
B) the National Environmental Policy Act
C) the Clean Water Act
D) the Resource Recovery Act

Question 36

States that do not meet federal standards are called __________,and their plans for implementation are strictly reviewed by the EPA,which can halt federal highway funding in the event the implementation plan is not followed.

A) significant deterioration areas
B) bubble areas
C) nonattainment areas
D) red zone areas

Question 37

Which federal agency is most often authorized to adopt standards and regulations to carry out the provisions of environmental statutes?

A) FTC
B) ICC
C) EPA
D) SEC

Question 38

If a restrictive covenant is valid,it binds only the original grantee in the deed that created the covenant.

Question 39

A nuisance: ________.

A) is created by every interference that has an effect on others.
B) is established when the plaintiff shows harm as the result of the defendant's conduct.
C) arises only by an interference that is great enough to be condemned as unreasonable.
D) cannot arise from a lawful activity or business that is conducted in a lawful manner.

Question 40

Public zoning and restrictive covenants in deeds have a similar purpose,but each has a different source of authority.

Question 41

__________ is the process by which the buyer conducts a thorough investigation of the property and its current and former uses to determine whether there are any problems with respect to environmental law or nuisance.

A) Continuing the nuisance.
B) Due diligence.
C) Nuisance per se.
D) Nuisance per fact.

Question 42

A(n)__________ may prevent the landowner from use of the land.

A) eminent domain restriction
B) nonconforming use
C) variance restriction
D) zoning restriction

Question 43

It is probable that a zoning variance would be granted:

A) even though many of the neighboring property owners object.
B) on the grounds of hardship, regardless of who created the hardship.
C) to an outside advertiser to build a billboard.
D) when the desired use of the land is in harmony with the general nature of the surrounding areas.

Question 44

The Jarvis family owned its land for more than 150 years.The Jarvis family traditionally farmed the land and for that purpose maintained farm animals.As years passed,most of the surrounding farms were sold by the owners and the area turned out to be a close-in suburb of a major city.A zoning ordinance was passed that prohibited maintaining a barn or farmyard animals on the land.The Jarvis family was advised that they were unaffected by this ordinance because theirs would be considered a nonconforming use.The members of the Jarvis family lost interest in farming and sold off all their animals.Seven (7)years later,a family member desired to raise a few pigs on the property.Angry neighbors asserted that the family has lost the right to do so.What is your opinion?

Question 45

When a __________ is adopted,any existing property used for a purpose that does not conform to the zoning ordinance __________.

A) spot zoning use, must be demolished.
B) variance, must no longer be used for a nonconforming use or purpose.
C) nonconforming use, may be used for any use that does not conform to the zoning regulation.
D) zoning ordinance, may continue to be used for the same nonconforming use.

Question 46

When the use of land is in conflict with a zoning ordinance at the time the ordinance goes into effect,such use is described as a(n)__________.

A) restrictive covenant.
B) variance.
C) nonconforming use
D) private nuisance

Question 47

A criminal nuisance may be terminated by:

A) abatement.
B) closure by government authority.
C) abatement or closure by government authority.
D) none of these, since the law only recognizes civil (not criminal)remedies for nuisance.

Question 48

Peter has been subjected to an unreasonable amount of noise from his neighbor,who constantly plays his stereo at full volume.Peter is angry about his neighbor,but he is even angrier about the excessive pollution being emitted by a local factory that burns old tires in direct violation of a state statute prohibiting such conduct.Do the acts of Peter's neighbor and the factory constitute nuisances? If they do,give Peter assistance on any possible courses of action to eliminate the problems.

Question 49

Valid restrictive covenants will bind future owners of the land if:

A) they are published in the Federal Register.
B) there is a notation in the deed referencing the restrictive covenants.
C) they are published in a newspaper of general circulation.
D) they are filed with the attorney general of the state in which the land is located.

Question 50

Megan owns a manufacturing business in a nonattainment area under federal air pollution law.She wishes to triple the size of the manufacturing operation using land she just purchased next to her current location.What must Megan demonstrate in order to secure a permit to operate in the nonattainment area?

Question 51

Real estate developers often place __________ on subdivisions that obligate the buyers to honor limitations in their use of their property,the nature of buildings that will be maintained or constructed on the land.

A) nonconforming use restrictions.
B) zoning restrictions.
C) restrictive covenants.
D) variance covenants.

Question 52

With regard to the law concerning nuisance: ______.

A) the law recognizes legal remedies for a public, but not private, nuisance.
B) the courts do not balance the protection of the plaintiff against the social utility of the activity.
C) the fact that the plaintiff suffered annoyance or inconvenience is sufficient to establish a nuisance.
D) a finding that conduct is socially desirable may outweigh harm to a particular plaintiff.

Question 53

Which of the following statements is correct concerning restrictive covenants?

A) Restrictive covenants that have not been enforced or observed are nevertheless valid and enforceable.
B) Restrictive covenants take precedence over conflicting statutes.
C) Restrictive covenants generally impose some limitations on the landowner's use of the property.
D) If any uncertainty exists in the interpretation of a restrictive covenant, the covenant will be interpreted liberally in favor of the limited use of the land.