Deck 18: Environmental Law

Question 1

Rachel Carson's publication of "Silent Spring" increased public awareness of environmental concerns in the:

A)early 1940s
B)late 1950s
C)1960s
D)Rachel Carson's book had no effect on public awareness of environmental concerns
E)none of the other choices are correct

Answer 1

C

Question 2

Created by Congress in 1970 and employing almost 18,000 employees with an $8 billion budget today,the _______________ is one of the largest federal agencies.

A)Fish and Wildlife Protection Agency
B)Federal Environment Agency
C)Clean Air Agency
D)Endangered Species Agency
E)none of the other choices are correct

Answer 2

E

Question 3

The Environmental Protection Agency is one of the largest federal agencies and has a budget of almost:

A)$5 million
B)$500 billion
C)$8 billion
D)$8 million
E)$40 billion

Answer 3

C

Question 4

Rachel Carson's publication of "Silent Spring" increased public awareness of environmental concerns in the:

A)early 1940s
B)late 1950s
C)1960s
D)1970s
E)early 1990s

Question 5

Which of the following is one of the four major external environmental problems that the EPA has primary responsibility for:

A)air pollution
B)contamination of food products
C)noise pollution
D)all of the other specific choices are correct
E)none of the other specific choices are correct

Question 6

The primary effect of Rachel Carson's book "Silent Spring" was to:

A)reduce public concern about environmental issues
B)vilify oil companies
C)increase regulation for limiting noise pollution
D)increase the number of science majors in U.S.colleges
E)none of the other choices are correct

Question 7

Pollution controls cost _______________ every year in the United States.

A)more than $250 billion
B)about $100 billion
C)less than $100 billion
D)more than $250 trillion
E)between $250 million and $500 million

Question 8

Which of the following is one of the four major external environmental problems that the EPA has primary responsibility for:

A)pollution associated with certain products
B)contamination of food products
C)noise pollution
D)all of the other specific choices are correct
E)none of the other specific choices are correct

Question 9

Which of the following is one of the four major external environmental problems that the EPA has primary responsibility for:

A)land pollution
B)contamination of food products
C)noise pollution
D)all of the other specific choices are correct
E)none of the other specific choices are correct

Question 10

Until the early 1970s environmental pollution was not subject to EPA regulation.Which entity was primarily responsible for pollution litigation?

A)the President
B)the Army Corps of Engineers
C)the Federal Trade Commission
D)the Congressional Committees
E)none of the other choices

Question 11

Which of the following is one of the four major external environmental problems that the EPA has primary responsibility for:

A)air pollution
B)water pollution
C)land pollution
D)pollution associated with certain products
E)all of the other specific choices are correct

Question 12

Created by Congress in 1970 and employing almost 18,000 employees with an $8 billion budget today,the _______________ is one of the largest federal agencies.

A)Environmental Protection Agency
B)Federal Environment Agency
C)Clean Air Agency
D)Endangered Species Agency
E)Fish and Wildlife Protection Agency

Question 13

During the 1960s the public became more concerned about the environment.The concern at that time was sparked,in part,by:

A)the nuclear disaster at Chernobyl
B)the Exxon Valdez oil spill
C)toxic chemicals in Love Canal
D)the decline of the elephant herds in Africa
E)none of the other choices

Question 14

Until the early 1970s environmental pollution was not subject to EPA regulation.Which entity was primarily responsible for pollution litigation?

A)the President
B)state and local laws
C)the Federal Trade Commission
D)the Congressional Committees
E)the Army Corps of Engineers

Question 15

Which of the following is one of the four major external environmental problems that the EPA has primary responsibility for:

A)water pollution
B)contamination of food products
C)noise pollution
D)all of the other specific choices are correct
E)none of the other specific choices are correct

Question 16

During the 1960s the public became more concerned about the environment.The concern at that time,was sparked,in part,by:

A)the nuclear disaster at Chernobyl
B)the Exxon Valdez oil spill
C)the publication by Rachel Carson of "Silent Spring"
D)the decline of the elephant herds in Africa
E)all of the other choices

Question 17

Public awareness of the effect of pollution on the environment increased during the 1960s,in part due to:

A)the organic revolution
B)the publication of Rachel Carson's "Silent Spring"
C)the publication of Rachel Carson's "A Cleaner World"
D)the Exxon Valdez oil spill
E)the leaking oil well in the Gulf of Mexico

Question 18

The primary effect of Rachel Carson's book "Silent Spring" was to:

A)reduce public concern about environmental issues
B)vilify oil companies
C)increase regulation for limiting noise pollution
D)increase public awareness of environmental concerns
E)increase the number of science majors in U.S.colleges

Question 19

Which of the following is NOT one of the four major external environmental problems that the EPA has primary responsibility for:

A)air pollution
B)water pollution
C)noise pollution
D)land pollution
E)none of the other specific choices are correct

Question 20

Public awareness of the effect of pollution on the environment increased during the 1960s,in part due to:

A)the organic revolution
B)the leaking oil well in the Gulf of Mexico
C)the publication of Rachel Carson's "A Cleaner World"
D)the Exxon Valdez oil spill
E)none of the other choices are correct

Question 21

Prior to passage of the Clean Air Act,the Clean Water Act,and other regulatory statutes in the 1970s,the common law:

A)led to a high number of suits against companies that polluted a lot
B)provided a little protection for the environment,but most came from state statutes
C)provided very little protection for the environment
D)was regarded as useless because it was rarely enforced with regard to the environment
E)none of the other specific choices are correct

Question 22

The person responsible for bringing a public nuisance case against a polluter is:

A)a city or state attorney
B)a private citizen whose land is affected
C)a private citizen who has been made ill by the pollution
D)the Supreme Court
E)the governor of the state affected by the pollution

Question 23

A public nuisance is:

A)a reasonable interference with a right held by the general public
B)an interference with a right held by the federal government
C)an unreasonable interference with a right held by the general public
D)an unreasonable interference with rights held by public servants
E)none of the other choices

Question 24

Prior to passage of the Clean Air Act,the Clean Water Act,and other regulatory statutes in the 1970s,the most important protection for the environment came from:

A)state pollution control agencies
B)international pollution control treaties
C)common law remedies
D)interstate compacts to deal with pollution
E)individual action since there was no law to deal with such problems

Question 25

In a pollution case involving a public nuisance,the right held in common by the public that has likely been violated is the:

A)community's right to a reasonably clean and safe environment
B)community's right to a sterile environment
C)community's right to a health-promoting environment
D)community's right to an allergen-free environment
E)community's right to a peaceful environment

Question 26

The person responsible for bringing a public nuisance case against a polluter is:

A)the governor of the state affected by the pollution
B)a private citizen whose land is affected
C)a private citizen who has been made ill by the pollution
D)the Supreme Court
E)none of the other choices are correct

Question 27

In pollution cases,a(n)_____________ is a substantial and unreasonable interference with the use and enjoyment of the land of another.

A)public nuisance
B)private environmental trespass
C)trespass
D)negligence
E)none of the other choices are correct

Question 28

In a pollution case involving a public nuisance,the right held in common by the public that has likely been violated is the:

A)community's right to a peaceful environment
B)community's right to a sterile environment
C)community's right to a health-promoting environment
D)community's right to an allergen-free environment
E)none of the other choices are correct

Question 29

Applied to pollution cases,private nuisance is:

A)an unreasonable interference with the use and enjoyment of one's land
B)a term applied to a polluter who causes damage to the air
C)a concept no longer used because of the Clean Air Act
D)an unreasonable interference with a right held by members of the public in common
E)repealed by the Resource Conservation and Recovery Act

Question 30

Citizens who sought relief from pollution through the common law relied on which law:

A)strict liability for abnormally dangerous activities
B)nuisance
C)trespass
D)negligence
E)all of the other choices

Question 31

Applied to pollution cases,private nuisance is:

A)repealed by the Resource Conservation and Recovery Act
B)a term only applied to a polluter who causes damage to the air
C)a concept no longer used because of the Clean Air Act
D)an unreasonable interference with a right held by members of the public in common
E)none of the other choices

Question 32

A(n)_____________ is an unreasonable interference with a right held in common by the public.

A)punishable nuisance
B)private nuisance
C)pollution nuisance
D)real nuisance
E)none of the other choices are correct

Question 33

Prior to passage of the Clean Air Act,the Clean Water Act,and other regulatory statutes in the 1970s,the common law:

A)provided the most important protection for the environment
B)provided a little protection for the environment,but most came from state statutes
C)provided very little protection for the environment
D)was regarded as useless because it was rarely enforced with regard to the environment
E)led to a high number of suits against companies that polluted a lot

Question 34

A(n)_____________ is an unreasonable interference with a right held in common by the public.

A)public nuisance
B)private nuisance
C)pollution nuisance
D)real nuisance
E)punishable nuisance

Question 35

Public nuisance cases are usually brought against a polluter by:

A)an injured person seeking damages for unreasonable interference with her land
B)a consumer group,suing under a citizen suit provision in the law
C)the city attorney or other similar public official in the community's name
D)the federal government under the direction of either the EPA or the Interior Department
E)a federal prosecutor since the defendant's activities are criminal in nature

Question 36

Applied to pollution cases,public nuisance is:

A)repealed by the Resource Conservation and Recovery Act
B)a term applied to a polluter who causes damage to the air
C)a concept no longer used because of the Clean Air Act
D)an unreasonable interference with a right held by members of the public in common
E)none of the other choices are correct

Question 37

Citizens who sought relief from pollution through the common law relied on which laws:

A)negligence
B)nuisance
C)trespass
D)negligence and trespass
E)negligence,nuisance and trespass

Question 38

In pollution cases,a(n)_____________ is a substantial and unreasonable interference with the use and enjoyment of the land of another.

A)public nuisance
B)private nuisance
C)trespass
D)negligence
E)public violation

Question 39

Prior to passage of the Clean Air Act,the Clean Water Act,and other regulatory statutes in the 1970s,the most important protection for the environment came from:

A)state pollution control agencies
B)international pollution control treaties
C)individual action since there was no law to deal with such problems
D)interstate compacts to deal with pollution
E)none of the other choices

Question 40

Applied to pollution cases,public nuisance is:

A)an unreasonable interference with the community's right to a reasonably clean and safe environment
B)a term applied to a polluter who causes damage to the air
C)a concept no longer used because of the Clean Air Act
D)an unreasonable interference with a right held an individual
E)repealed by the Resource Conservation and Recovery Act

Question 41

In a pollution case,a(n)_________________ generally involves a polluter who is injuring one person or a small group of people.

A)conversion
B)private environmental trespass
C)trespass
D)negligence
E)none of the other choices are correct

Question 42

In a case at common law for trespass,which is necessary?

A)there must be a direct breach of the boundaries of another person's land
B)the invasion of another's land must be of "serious" magnitude
C)the invasion of another's land must be intentional
D)there need be an interference with the use and enjoyment of another person's property only
E)all of the other choices

Question 43

If there is a failure to use reasonable care to prevent pollution from causing a foreseeable injury,a defendant may be liable for:

A)negligence
B)battery
C)assault
D)inattention
E)failure to protect

Question 44

In Georgia v.Tennessee Copper Company,the Supreme Court decided that a polluting copper smelting operation could:

A)not be shut down because it would cause too much economic harm
B)be heavily fined for polluting the air of a neighboring state
C)be enjoined from operating if it could not control its pollution output
D)be forced to shut down by the federal government for violating environmental regulations
E)none of the other choices

Question 45

Suppose a coal-burning electric generation plant emitted significant amounts of pollutants into the atmosphere.A property owner living downwind of the plant who sued the plant for trespass would not have to provide which of the following elements:

A)that the plant intended to harm the property owner
B)that the plant intended to commit trespass on the property
C)that the plant deposited pollutants on the property
D)that the property owner suffered damages
E)all of the other choices must be shown

Question 46

In an action alleging environmental damage,by use of the common law of trespass,the plaintiff must show that the:

A)pollution is an unreasonable interference and the defendant is not using the best control technology available
B)defendant's activities breached a duty of care to the plaintiff and directly caused the injury to the plaintiff's health
C)defendant's pollution significantly affected the public health and welfare in the area
D)defendant's pollution was dangerous and the direct cause of the plaintiff's health injuries
E)none of the other choices

Question 47

In pollution cases,strict liability for abnormally dangerous activities applies to which of the following:

A)businesses that produce or emit toxic pollutants
B)businesses that import raw materials from China
C)businesses that sell food
D)businesses with more than 5 employees
E)business with more than $10,000 in government contracts

Question 48

A trespass is defined as:

A)an illegal entry onto one's own property
B)an entry onto the property of another person
C)an entry onto one's property by government officials holding a warrant
D)an unauthorized breach of the boundaries of another's property
E)a pre-authorized breach of the boundaries of one's property

Question 49

A trespass is defined as:

A)an illegal entry onto one's own property
B)an entry onto the property of another person
C)an entry onto one's property by government officials holding a warrant
D)a pre-authorized breach of the boundaries of one's property
E)none of the other choices

Question 50

In Georgia v.Tennessee Copper Company,the Supreme Court decided that a polluting copper smelting operation could:

A)not be shut down because it would cause too much economic harm
B)be heavily fined for polluting the air of a neighboring state
C)face criminal charges under the Clean Air Act for a knowing violation of emission rules
D)be forced to shut down by the federal government for violating environmental regulations
E)none of the other choices

Question 51

Under the common law,courts deciding pollution cases would require a plaintiff to prove:

A)intentional pollution
B)harm caused by the polluter
C)unreasonable interference with other parties' rights
D)harm caused by the polluter and unreasonable interference with other parties' rights
E)harm caused by the polluter and unreasonable interference with other parties' rights and intentional pollution

Question 52

In a pollution case,a(n)_________________ generally involves a polluter who is injuring one person or a small group of people.

A)public nuisance
B)private nuisance
C)trespass
D)negligence
E)none of the other choices are correct

Question 53

X Corp.dumps run-off from its parking lots and storage lots around its candy factory into the Seneca River.The citizens of Henderson,located on the river downstream,wish to stop the discharge.The common law rule under which the citizens are most likely to be successful is:

A)private nuisance
B)public nuisance
C)negligence
D)invasion of privacy
E)fraud

Question 54

The main distinction between a nuisance and a trespass is that a trespass occurs when:

A)there is no physical invasion of a plaintiff's property
B)there is private property involved
C)there is physical invasion of a plaintiff's property
D)there is physical damage to the defendant's property
E)there is more than $50,000 of damage to a group of people

Question 55

In a case at common law for trespass,which is necessary?

A)there only need be an interference with the use and enjoyment of another person's property
B)the invasion of another's land must be of "serious" magnitude
C)the invasion of another's land must be intentional
D)all of the other specific choices
E)none of the other choices

Question 56

A(n)____________ is an unauthorized breach of the boundaries of another's land.

A)conversion
B)environmental breach
C)public nuisance
D)private nuisance
E)none of the other choices are correct

Question 57

A plaintiff wishing to prove a case of strict liability for abnormally dangerous activities must show that the:

A)defendant intended to engage in a dangerous activity
B)defendant discharged an abnormally dangerous substance
C)defendant's discharge caused the plaintiff's harm
D)defendant discharged an abnormally dangerous substance and defendant's discharge caused the plaintiff's harm
E)defendant discharged an abnormally dangerous substance and defendant's discharge caused the plaintiff's harm and defendant intended to engage in a dangerous activity

Question 58

A(n)____________ is an unauthorized breach of the boundaries of another's land.

A)trespass
B)environmental breach
C)public nuisance
D)private nuisance
E)attack

Question 59

If there is a failure to use reasonable care to prevent pollution from causing a foreseeable injury,a defendant may be liable for:

A)failure to protect
B)battery
C)assault
D)inattention
E)none of the other choices are correct

Question 60

In an action alleging environmental damage,by use of the common law of trespass,the plaintiff must show that the:

A)pollution is an unreasonable interference and the defendant is not using the best control technology available
B)"invasion" of the plaintiff's property by the defendant's pollution is physical
C)defendant's pollution significantly affected the public health and welfare in the area
D)defendant's pollution was dangerous and the direct cause of the plaintiff's health injuries
E)defendant's activities breached a duty of care to the plaintiff and directly caused the injury to the plaintiff's health

Question 61

In pollution cases involving strict liability for abnormally dangerous activities,courts have found which of the following activities to be abnormally dangerous:

A)leakage of chemicals into groundwater
B)using wasteful amounts of water in product production
C)storing of flammable liquids in quantity in an unpopulated area
D)emitting of steam by factories
E)all of the other specific choices are correct

Question 62

In pollution cases involving strict liability for abnormally dangerous activities,courts have NOT found which of the following activities to be abnormally dangerous:

A)crop dusting
B)leakage of chemicals into ground water
C)storing of flammable liquids in quantity in a populated area
D)emitting of steam gases by factories
E)all of the other specific choices have been found to be abnormally dangerous by the courts

Question 63

Under _______________ people who live along rivers and other bodies of water have the right to use the water in reasonable amounts but must allow the water to flow downstream in usable form.

A)western water law
B)riparian water law
C)federal water law
D)clean water law
E)free flowing water law

Question 64

In pollution cases involving strict liability for abnormally dangerous activities,courts have NOT found which of the following activities to be abnormally dangerous:

A)crop dusting
B)leakage of chemicals into ground water
C)storing of flammable liquids in quantity in a populated area
D)emitting of noxious gases by factories
E)all of the other specific choices have been found to be abnormally dangerous by the courts

Question 65

In pollution cases involving strict liability for abnormally dangerous activities,courts have found which of the following activities to be abnormally dangerous:

A)emitting of steam by factories
B)using wasteful amounts of water in product production
C)storing of flammable liquids in quantity in an unpopulated area
D)all of the other specific choices are correct
E)none of the other specific choices are correct

Question 66

In Whalen v.Union Bag & Paper Co. ,where a paper mill polluted a farmer's creek so he sued to stop the pollution,the court held that:

A)enjoining the defendant from polluting would cause too great an economic loss
B)the plaintiff contributed his negligence and so could not sue the defendant
C)the riparian rights of the defendant outweighed the rights of the plaintiff
D)because the defendant acted without malice,no riparian rights were violated
E)none of the other choices

Question 67

In pollution cases involving strict liability for abnormally dangerous activities,courts have found which of the following activities to be abnormally dangerous:

A)crop dusting
B)leakage of chemicals into ground water
C)storing of flammable liquids in quantity in a populated area
D)emitting of noxious gases by factories
E)all of the other specific choices are correct

Question 68

In pollution cases involving strict liability for abnormally dangerous activities,courts have NOT found which of the following activities to be abnormally dangerous:

A)crop dusting
B)leakage of chemicals into ground water
C)storing of flammable liquids in quantity in an unpopulated area
D)emitting of noxious gases by factories
E)all of the other specific choices have been found to be abnormally dangerous by the courts

Question 69

In pollution cases involving strict liability for abnormally dangerous activities,courts have found which of the following activities to be abnormally dangerous:

A)lawn mowing
B)using wasteful amounts of water in product production
C)crop dusting
D)emitting of steam by factories
E)all of the other specific choices are correct

Question 70

Under riparian water law,people who live along rivers and other bodies of water have the right to use the water in reasonable amounts but must allow the water to flow downstream:

A)in usable form
B)without altering it in any way
C)however they wish
D)at no less than half potential flow rate
E)none of the other choices are correct

Question 71

Under _______________ people who live along rivers and other bodies of water have the right to use the water in reasonable amounts but must allow the water to flow downstream in usable form.

A)western water law
B)free flowing water law
C)federal water law
D)clean water law
E)none of the other choices are correct

Question 72

In pollution cases involving strict liability for abnormally dangerous activities,courts have found which of the following activities to be abnormally dangerous:

A)emitting of noxious gases by factories
B)using wasteful amounts of water in product production
C)storing of flammable liquids in quantity in an unpopulated area
D)emitting of steam by factories
E)all of the other specific choices are correct

Question 73

Under the doctrine of riparian water law,persons living along a body of water:

A)may use the water in a reasonable manner
B)may not use the water for industrial purposes,only household purposes
C)must pass on the water in usable form
D)may use the water in a reasonable manner and must pass on the water in usable form
E)may use the water in a reasonable manner and must pass on the water in usable form but may not use the water for industrial purposes,only household purposes

Question 74

Under the doctrine of riparian water law,persons living along a body of water:

A)have a right of unlimited water use
B)may not use the water for industrial purposes
C)must obtain permits from the EPA to have the right to use water
D)have no rights against upstream water users
E)none of the other choices

Question 75

If a defendant company was found to have secretly dumped hazardous chemicals in a pond next to plaintiff's property,the court would be likely to hold that the:

A)defendant was disposing of pollutants according to industry standards and,although plaintiff was injured,the defendant was not liable under nuisance law
B)defendant breached a duty of care to the plaintiff by dumping the pollutants into the pond and was responsible for plaintiff's injuries under negligence law
C)plaintiff was negligent when he breached a duty of care by not taking adequate precautions to protect his property from being damaged by the pollutants dumped by the defendant.
D)defendant's actions were so outrageous it constituted a taking under the common law
E)defendant was strictly liable for plaintiff's injuries because its pollutants contaminated the surface and ground water

Question 76

Under the common law,there is:

A)no right to pollute water
B)a right to pollute water
C)a right to pollute water as long as you then clean it up
D)a right to pollute water as long as you have an appropriate permit
E)a right to pollute water as long as you compensate the people downstream

Question 77

In Whalen v.Union Bag & Paper Co. ,where a paper mill polluted a farmer's creek so he sued to stop the pollution,the court held that:

A)enjoining the defendant from polluting would cause too great an economic loss
B)the plaintiff contributed his negligence and so could not sue the defendant
C)although damage was small,defendant must respect plaintiff's riparian rights,pay damages and cease damaging pollution
D)the riparian rights of the defendant outweighed the rights of the plaintiff
E)because the defendant acted without malice,no riparian rights were violated

Question 78

In Whalen v.Union Bag & Paper Co. ,where a paper mill polluted a farmer's creek so he sued to stop the pollution,the appeals court held that:

A)the fact that the damage to the plaintiff was slight compared with the defendant's expense of abating the condition was not a good reason for refusing an injunction
B)the fact that the damage to the plaintiff was slight compared with the defendant's expense of abating the condition was a good reason for refusing an injunction
C)since the damage to the plaintiff was slight,there was no case
D)since the damage to the plaintiff was slight,so the defendant should not have to pay damages
E)the plaintiff did not have any rights with regard to the water flowing through his property

Question 79

In pollution cases involving strict liability for abnormally dangerous activities,courts have found which of the following activities to be abnormally dangerous:

A)lawn mowing
B)using wasteful amounts of water in product production
C)storing of flammable liquids in quantity in a populated area
D)emitting of steam by factories
E)all of the other specific choices are correct

Question 80

The Williams live on a farm.BG Company has been drilling for oil next to their property.The Williams' water now stinks and contains assorted chemicals.Tests show the water has been tainted with the chemicals used in BG's drilling.If the Williams sue BG for damages for their tainted water well,what theory would they best use?

A)public nuisance
B)fraud
C)conversion
D)strict liability in tort
E)misappropriation