Deck 22: Environmental Law

Question 1

Which of the following best illustrates a technology-forcing standard set by direct regulation?

A)a regulation that requires air filters to be set on high instead of low
B)a regulation that requires air filters to be inspected annually
C)a regulation that requires air quality in a city to be at a predetermined level so that the number of asthma cases will decrease
D)a regulation that requires a factory smokestack to be built above a particular height

Answer 1

C

Question 2

Starmes Inc. is a petrochemical company. The manager of the company was being questioned by the Environmental Protection Agency (EPA) with regard to the factory releasing criteria pollutants into the atmosphere. He admitted to the EPA that the company had falsified its financial records and tampered with the monitoring equipment. He also stated that the company would take suitable measures to correct it. Based on this scenario, the EPA's Final Policy on Penalty Reductions encouraged Starmes Inc. to engage in ________.

A)environmental policy making
B)restricting pollution
C)reducing emission charges
D)environmental self-auditing

Answer 2

D

Question 3

Which of the following is the primary method of controlling pollution today?

A)nuisance actions
B)negligence actions
C)incentives to businesses
D)direct regulation

Answer 3

D

Question 4

The ________ takes on the tough responsibility of deciding which polluters will be taken to court.

A)Office of Compliance
B)Office of Pollution Control
C)Office of Regulatory Enforcement
D)Office of Environment Protection

Question 5

Which of the following is the reason for the Congress placing control of all types of environmental problems under one agency?

A)The Congress wanted the largest environmental agency to have complete control.
B)The Congress wanted the attack on pollution to be integrated.
C)The Congress wanted to achieve economies of scale.
D)The Congress wanted to increase the flow of scientific knowledge between the environmental agency and other agencies.

Question 6

Negligence actions involving hazardous materials are often difficult to prosecute successfully, primarily because ________.

A)defenses such as comparative negligence are unavailable
B)they are not as serious as nuisance actions
C)the element of causation is easy to prove
D)many of the pollutants do not cause immediate harm

Question 7

A battery cell manufacturer has been disposing its hazardous wastes into a local water body. This waste has seeped into the ground water table and contaminated it. Residents in the area have been falling ill due to water poisoning. The residents can file an action based on ________ against the battery cell manufacturer.

A)nuisance
B)invasion of privacy
C)negligence
D)assault

Question 8

Which of the following is true of negligence actions involving hazardous materials?

A)They are easy to prosecute primarily because many of the pollutants cause immediate harm.
B)By the time the harm occurs, it is often difficult to link the damage to the defendant's release of the material.
C)Unlike nuisance actions, negligence actions prevent pollution in the first place.
D)The availability of defenses such as contributory or comparative negligence, as well as assumption of the risk, helps increase the effectiveness of this tort.

Question 9

Which of the following is a feature of the marketable discharge permits approach?

A)The government sells a common permit to a polluter to discharge any type of pollutant.
B)Polluters would be encouraged to reduce their emissions because this reduction would enable them to keep their permits.
C)The government actually limits the total amount of pollution through the permits.
D)The government issues more permits once a certain amount of emissions has been authorized.

Question 10

The federal agency charged with the responsibility for conducting an integrated, coordinated attack on all forms of pollution of the environment is the ________.

A)Environmental Protection Agency (EPA)
B)Global Environment Facility (GEF)
C)Department of Environmental Management (DEM)
D)Center for International Environmental Law (CIEL)

Question 11

Omar lives in the vicinity of a coal refinery. The pollutants from the refinery deposit a coat of soot on everything in the surrounding areas. In order to regulate the pollution from the refinery, Omar can file an action based on ________.

A)nuisance
B)invasion of privacy
C)inflicted distress
D)assault

Question 12

________ of the National Environmental Policy Act requires the preparation of an Environmental Impact Statement (EIS) for every major legislative proposal or agency action that would have a significant impact on the quality of the human environment.

A)Title I
B)Title II
C)Title III
D)Title IV

Question 13

Which of the following is true of the emission charges approach?

A)The emission charges approach is simply to charge the polluter a variable fee based on every unit of pollutant discharged.
B)The firms paying the charges will continue to emit pollutants that will be easy to clean up with the fees collected.
C)Due to the value of the charge, this approach prevents pollution in the first place.
D)It is difficult to monitor every discharge of the pollutant and calculate the amount for each unit of the various pollutants.

Question 14

What is the primary purpose of the National Environmental Policy Act of 1970?

A)to provide subsidies to environmental agencies
B)to create teams that would oversee the progress of regulatory agencies
C)to reform the process by which regulatory agencies make decisions
D)to define and clarify ambiguous rules and regulations of environmental agencies

Question 15

Which of the following is primarily responsible for enforcing environmental regulations?

A)state courts
B)federal courts
C)the Congress
D)administrative agencies

Question 16

Technology-forcing standards are set primarily on the basis of ________.

A)environmental concerns
B)health considerations
C)current innovations
D)current technology

Question 17

Nuisance actions are used primarily as a way for plaintiffs to ________.

A)stop pollution entirely
B)recover damages for their losses caused by pollution
C)present the true costs that the polluting behavior is imposing on the community
D)convince the courts to use their authority to move the industries that cause pollution to an isolated location

Question 18

Which of the following torts was first used in an attempt to regulate pollution?

A)assault
B)intentional infliction of emotional distress
C)nuisance
D)invasion of privacy

Question 19

________ is regarded by many as the United States' most influential piece of environmental legislation.

A)The National Environmental Policy Act of 1970
B)The Pollution Prevention Act of 1990
C)The National Emissions Standards Act of 1965
D)The Environmental Quality Improvement Act of 1970

Question 20

Which of the following best illustrates a technology-driven standard set by direct regulation?

A)a regulation that requires air filters to be set on high instead of low in order to give out cleaner air
B)a regulation that requires the contaminants in water to be at a particular level so that it is potable
C)a regulation that requires air quality in a city to be at a level so that the number of asthma cases will continue to decrease
D)a regulation that requires the smoke from a factory to be filtered so that it minimizes the chances of lung disease in children

Question 21

Which of the following actions follows the establishment of a Natural Ambient Air Quality Standard (NAAQS)?

A)Each city has nine months to meet the standard.
B)Each state has nine months to establish a state implementation plan.
C)Each point source polluter has thirty days to reduce contaminant levels to the maximum permissible.
D)Each environmental impact statement must include the new standard.

Question 22

Environmental groups expressed strong opposition to proposed modifications of the ________ that would have allowed major utility plant modifications to be classified as routine maintenance.

A)New Source Review program
B)Uniform Emission Standards program
C)New Motor Vehicles program
D)National Uniform Emissions Standards program

Question 23

The primary effect of the 1984 and 1986 amendments to the Resource Conservation and Recovery Act was to ________.

A)make landfills a last resort for the disposal of many types of waste
B)have safer transportation for hazardous waste
C)create more efficient storage facilities for hazardous waste
D)provide licenses for producers and transporters of hazardous waste

Question 24

Maximum contaminant levels (MCLs) are developed from the maximum contaminant level goals (MCLGs), but also take into account the ________.

A)purity of the water in its natural state
B)importance of the industry to the community
C)number of fatalities from impure water during the preceding calendar quarter
D)feasibility and cost of meeting the primary standard

Question 25

Which of the following is a continuing problem under the National Environmental Policy Act?

A)interpreting what is meant by adverse environmental effects
B)interpreting what is meant by environmental impacts
C)interpreting what is meant by human environment
D)interpreting what is meant by long-term productivity

Question 26

Which of the following pollutants causes poor coordination and lack of alertness?

A)lead
B)nitrogen oxide
C)carbon monoxide
D)sulfur dioxide

Question 27

According to the Safe Drinking Water Act, which of the following drinking water standards must be established by the Environmental Protection Agency for drinking water contaminants?

A)primary standards to protect human health and secondary standards to protect aesthetic quality of drinking water
B)primary standards to protect agriculture and secondary standards to protect recreational water
C)primary standards to protect recreational water and secondary standards to protect human health
D)primary standards to protect water used for health care facilities and secondary standards to protect water used by commercial establishments

Question 28

Which of the following terms refers to the maximum allowable amounts of pollutants that can be discharged from a point source within a given time period?

A)point emissions
B)effluent limitations
C)threshold limitations
D)maximum emissions

Question 29

The Resource Conservation and Recovery Act's manifest program refers to the ________.

A)filtering of water that is manifestly unclean
B)installation of smokestack scrubbers to reduce emissions
C)regulations for the proper transportation and disposal of hazardous wastes
D)Environmental Protection Agency's program of auctioning sulfur dioxide emission allowances

Question 30

Acid rain is caused by ________.

A)gaps in the atmospheric ozone layer caused by the release of chlorofluorocarbons
B)excessive ozone emissions from automobile exhausts
C)emissions of sulfur dioxide and nitrogen oxides from the burning of fossil fuels by electric utilities
D)emissions of carbon monoxide and lead from the refining of heavy metals, coal, and other carbon compounds

Question 31

Which of the following is provided by the "right to know" provisions of the Safe Drinking Water Act?

A)the right of point source polluters to receive notice of a hearing
B)the right of consumers to obtain Environmental Protection Agency records
C)the right of households to receive annual reports on water contaminants and resulting health problems
D)the right to free flow of scientific information between the Environmental Protection Agency and the public drinking water suppliers

Question 32

The primary standards of the National Ambient Air Quality Standards (NAAQSs) are designed to ________.

A)define all of the criteria pollutants
B)reduce conventional air pollutants
C)separate the criteria pollutants from the non-pollutants
D)protect public health

Question 33

The goals of the 1972 amendments to the Federal Water Pollution Control Act were to be achieved through a system of ________.

A)levying emission charges only
B)levying emission charges and marketable discharge permits
C)permits and effluent discharge limitations
D)direct regulation

Question 34

The Resource Conservation and Recovery Act of 1976 (RCRA) focuses on the ________.

A)installation of new pollution control technology in new stationary sources
B)treatment, storage, and disposal of hazardous waste
C)auctioning of carbon monoxide allowances
D)elimination of lead from automobile exhaust

Question 35

Which of the following pollutants contribute to the formation of acid rain?

A)lead
B)carbon monoxide
C)ozone
D)sulfur dioxide

Question 36

Which of the following best describes the relationship between primary and secondary ambient air quality standards?

A)If the primary standards are met within three years of creation of a state implementation plan, then the secondary standards need not be met.
B)Both the primary and secondary standards must be met within five years of their creation.
C)The primary standards must be met within three years of the creation of a state implementation plan, and the secondary standards must be met within a reasonable time.
D)The primary standards must be met within a year of their creation, and the secondary standards must be met as soon as economically feasible.

Question 37

As defined by the Safe Drinking Water Act, a public water system is one that has at least ________.

A)3 service connections or serves 5 or more persons
B)9 service connections or serves 12 or more persons
C)15 service connections or serves 25 or more persons
D)50 service connections or serves 100 or more persons

Question 38

Which of the following is true of sulfur dioxide allowances?

A)Firms holding allowances cannot bank their allowances for a year.
B)A holder can substitute benzene for sulfur dioxide.
C)Firms holding allowances cannot sell their allowances to other firms.
D)A holder can emit one ton of sulfur dioxide for each allowance.

Question 39

Which of the following is a feature of maximum contaminant level goals (MCLGs)?

A)They are enforceable.
B)They are the levels at which there are no potential adverse health effects.
C)They are the levels at which goals are based on environmental concerns.
D)They take into account the feasibility and cost of meeting the standard.

Question 40

The purpose of the Federal Water Pollution Control Act is to ensure the ________.

A)quality of water in the waterways
B)quality of the drinking water
C)quality of the water for domestic purposes
D)reduction of hazardous wastes and toxic substances in all water bodies

Question 41

In 2004, environmental groups blamed the ________ for the increase in toxic chemicals released into the environment.

A)lack of awareness of environmental problems
B)increase in global warming
C)lax standards of the Bush administration
D)lax standards of the Environmental Protection Agency

Question 42

Technology-forcing standards assume that once standards have been established, the industries will be forced to develop the technology needed to meet the standards.

Question 43

In the context of the enforcement of the Resource Conservation and Recovery Act, if the state fails to act within ________, the Environmental Protection Agency takes action to enforce the state's requirements.

A)15 days
B)30 days
C)45 days
D)60 days

Question 44

Under the Toxic Substances Control Act (TSCA) of 1979, every manufacturer of a new chemical must give the Environmental Protection Agency a ________.

A)premanufacturing notice (PMN)at least 90 days before the first use of the substance in commerce
B)state implementation plan (SIP)at least 90 days before the first use of the substance in commerce
C)premanufacturing notice (PMN)at least 60 days before the first use of the substance in commerce
D)state implementation plan (SIP)at least 60 days before the first use of the substance in commerce

Question 45

The primary problem with the government subsidies approach is that when a subsidy is for less than 100 percent of the cost, the firm that limits its pollutants must still pay the difference between the actual cost and the subsidy.

Question 46

Which of the following led to the passage of the Pollution Prevention Act of 1990?

A)the cost reduction in the methods used to regulate pollutants
B)the decline in the effectiveness of direct regulation
C)the monetary gain obtained as a result of previously-implemented environmental laws
D)the need for more effective sustainable development

Question 47

To alleviate the problems created by improper waste disposal, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) authorized the creation of the ________.

A)response fund
B)general fund
C)Megafund
D)Superfund

Question 48

Which of the following is true of the registration system used to control pesticide use?

A)A pesticide with general use registration can only be sold with usage restrictions.
B)Registration for a pesticide is good only for a year, at which time the manufacturer must apply for a new registration.
C)A pesticide will not be registered if its composition warrants the claims made for it.
D)A pesticide will be registered if its label complies with the Federal Insecticide, Fungicide, and Rodenticide Act.

Question 49

The 1986 Resource Conservation and Recovery Act amendment requires that companies report the amount of hazardous chemical they release into the environment ________.

A)monthly
B)quarterly
C)biannually
D)annually

Question 50

According to the National Ambient Air Quality Standards (NAAQS), the primary and secondary standards are the same for sulfur dioxide.

Question 51

The ________ is a fund set up to cover the costs of cleaning up hazardous waste disposal sites whose owners cannot be found or are unwilling or unable to pay for the cleanup.

A)response fund
B)Superfund
C)general fund
D)Megafund

Question 52

The availability of defenses, such as contributory or comparative negligence, helps improve the effectiveness of the negligence tort.

Question 53

Under the Federal Water Pollution Control Act, discharges without a permit or in amounts in excess of those allowed by the permit may result in the imposition of criminal penalties.

Question 54

Water pollution today is controlled only by the Safe Drinking Water Act (SDWA).

Question 55

An Environmental Impact Statement (EIS) is a statement that must be prepared for every major federal activity that would significantly affect the quality of the human environment.

Question 56

Under the 1996 Food Quality Protection Act, a ________ is one at which there is a reasonable certainty of no harm from exposure to a pesticide.

A)safe disposal level
B)safe interaction level
C)safe residue level
D)safe exposure level

Question 57

Technology-driven standards try to achieve the greatest improvements possible with new levels of technology.

Question 58

Which of the following primary responses of the U.S. to environmental problems involve written agreements between two or more nations that specify how particular issues are to be resolved?

A)treaties
B)environmental policies
C)manifests
D)state implementation plans

Question 59

Point sources are distinct places from which pollutants can be drawn out of navigable water.

Question 60

A nuisance is an unreasonable interference with someone else's use and enjoyment of his or her land.

Question 61

The planet's resources that are within no country's borders and are available for everyone's use are called the global commons.

Question 62

The general fund is created primarily from taxes on corporations in industries that create significant amounts of hazardous waste.

Question 63

According to the National Environmental Policy Act of 1970, what must be included in an Environmental Impact Statement?

Question 64

Toxic substances are regulated by the Resource Conservation and Recovery Act.

Question 65

State the threshold considerations required for an Environmental Impact Statement.

Question 66

Describe the various alternatives to direct regulation and state the problems with each of them.

Question 67

Triple-bottomline accounting attempts to describe the social and environmental impact of an organization's activities in relation to the firm's economic performance.

Question 68

Treaties are implied agreements between two or more nations that specify how particular issues are to be resolved.

Question 69

State the three primary means by which environmental problems originating in one area of the globe affect other areas.

Question 70

The Resource Conservation and Recovery Act of 1976 regulates only nonhazardous waste.

Question 71

David owns a plot of industrial land. He allows it to be used as a dump site for industrial waste. David eventually finds out that the waste is hazardous. In order to avoid trouble, he sells the land without disclosing to the new owner the issues regarding the hazardous waste. Since David is no longer the owner, will he be subject to investigation in the future? Give reasons for your answer.

Question 72

Sustainable development refers to development that meets the needs of the current generation, but at the risk of compromising the needs of future generations.

Question 73

A pesticide with general use registration can be sold without any restrictions.

Question 74

List the elements of a successful environmental auditing program.

Question 75

State the ways in which a waste can fall under the manifest program. Based on the type of waste, how must the generators proceed?

Question 76

The Resource Conservation and Recovery Act is enforced by the Environmental Protection Agency.

Question 77

According to the 1984 and 1986 amendments to the Resource Conservation and Recovery Act, advanced treatment, recycling, incineration, and other forms of hazardous waste treatment are all assumed to be preferable to land disposal.