Deck 19: Environmental Regulation and Resource Sustainability

Question 1

U.S. pesticide companies can sell internationally what they cannot sell in the United States.

Answer 1

True
Explanation: Many in the environmental movement contend that our country's pesticide control policy is hypocritical in that the FEPCA does not apply to pesticides U.S. manufacturers ship to foreign countries. Companies can sell overseas what they cannot sell in this country.

Question 2

State EISs have been more successful than their federal counterparts in evaluating complex environmental factors.

Answer 2

False
Explanation: As the states frequently lack the resources and expertise of the federal government, state EISs are often even less helpful in evaluating complex environmental factors than are those prepared by federal agencies.

Question 3

States bear principal responsibility for devising implementation plans regarding the Clean Air Act.

Answer 3

True
Explanation: The states devise implementation plans, which the EPA must approve, to carry them out. The states thus bear principal responsibility for enforcing the Clean Air Act, with the EPA providing standard-setting, coordinating, and supervisory functions.

Question 4

NEPA has made it mandatory for federal agencies to follow the conclusions of an EIS.

Question 5

Primary air quality standards are those standards necessary to protect public health.

Question 6

Landfills are the primary disposal site for household solid waste, but not business solid waste.

Question 7

The Resource Conservation and Recovery Act assures proper hazardous waste disposal through the manifold system.

Question 8

The U.S. federal government is the largest landholder in the country, controlling one-third of the nation's land.

Question 9

Scoping encourages impact statements to focus on more substantial environmental concerns and reduce the attention devoted to trivial issues.

Question 10

Under the Endangered Species Act, you are in violation if you harass an endangered animal without otherwise causing it, or its habitat, physical harm.

Question 11

Machinery used in solid waste disposal can be subject to the regulation of the Noise Control Act.

Question 12

Under the Solid Waste Disposal Act, the main responsibility for nontoxic waste management rests with federal management.

Question 13

The Clean Air Act unambiguously bars cost considerations from the air quality standards-setting process.

Question 14

The prevention of significant deterioration policy is criticized on the grounds that it prevents industry from moving into areas where air quality is cleaner than standards require.

Question 15

The EPA does not regulate indoor air pollution under the Clean Air Act.

Question 16

The Endangered Species Act requires courts and regulators to take economic factors into consideration in applying the Act's provisions.

Question 17

To be considered a point source under the Clean Water Act, the source must itself create pollution.

Question 18

The point-source approach provides businesses with economic incentives to discover new methods of control.

Question 19

The Clean Water Act applies to all navigable and nonnavigable waterways within the United States.

Question 20

All new pollution control rules are now subject to a cost-benefit analysis.

Question 21

Under the Clean Air Act, the:

A) EPA sets national ambient air quality standards and the states devise implementation plans.
B) states set national ambient air quality standards and the EPA devises implementation plans.
C) EPA sets national ambient air quality standards and also devises the implementation plans.
D) states sets national ambient air quality standards and also devise the implementation plans.
E) states sets national ambient air quality standards and the local governments devise the implementation plans.

Question 22

Ozone depleting fluorocarbons and halons are no longer in production.

Question 23

The increase in global carbon dioxide levels since 1960 is largely due to the burning of fossil fuels such as oil and coal.

Question 24

Environmental laws are under:

A) exclusive federal jurisdiction.
B) exclusive state jurisdiction.
C) both federal and state jurisdiction.
D) the jurisdiction of federal, state, and local governments.
E) exclusive jurisdiction of local governments.

Question 25

A nationwide Wall Street Journal/NBC News survey found that most people believed that there should be less environmental regulation.

Question 26

Environmental laws at the federal level are administered by the:

A) EPA.
B) Pollution Control Board.
C) TSCA.
D) EIS.
E) U.S. Chemical Safety and Hazard Investigation Board.

Question 27

The destruction of the world's rainforests is occurring primarily on privately owned land because it is more difficult to enforce the laws in private property ownership cases.

Question 28

Clean air standards designed to protect against air pollution effects such as injury to property, vegetation, and climate are called:

A) primary air quality standards.
B) secondary air quality standards.
C) principal air quality standards.
D) tertiary air quality standards.
E) premium air quality standards.

Question 29

Banks that hold a mortgage on land that turns out to have a toxic waste site subject to the Superfund rules are not liable for the cleanup.

Question 30

An environmental impact statement:

A) includes available alternatives to the proposed action.
B) includes positive environmental effects of the proposed action.
C) includes a statement of any reversible use of resources.
D) must be included in most major federal actions significantly affecting the quality of the human environment.
E) must be included in most recommendations or reports on proposals for legislation affecting the environment.

Question 31

Government regulation of private action under the Clean Air Act is a _____ effort.

A) federal
B) state
C) local government
D) joint federal and state
E) joint federal, state, and local government

Question 32

Under the Kyoto Protocol, industrialized nations are supposed to lower greenhouse gas emission below 1990 levels.

Question 33

According to the Kyoto Protocol, the United States would be at an economic disadvantage as business production might also relocate in developing countries like China and India, which the Kyoto Protocol does not require to reduce greenhouse gas emission.

Question 34

The emissions trading approach to pollution management is a property approach.

Question 35

Environmental impact study scoping refers to:

A) designating specific geographic areas that a contemplated action will affect.
B) estimating the specific population that a contemplated action will affect.
C) designating which environmental issues of a contemplated action are most significant.
D) specifying a backup plan should a contemplated action cause unforeseeable damage.
E) specifying future environmental changes and the necessary corrective action required.

Question 36

It is not within the rights or authority of shareholders to file global warming related resolutions directing board members or officers to analyze and/or report on environmental issues.

Question 37

In cases of strict liability tort, finding of fault or failure of reasonable care on the defendant's part is necessary.

Question 38

Environmental impact statements became a requirement based on the:

A) National Environmental Policy Act.
B) Toxic Substances Control Act.
C) Clean Water Act.
D) Marine Protection, Research and Sanctuaries Act.
E) Waste and Resource Reclamation Act.

Question 39

The director of Homeland Security has exercised authority to create an exception to NEPA requirements to allow the:

A) use of nuclear powered satellites with radiation-leaking radar for observation and surveillance purposes because such radar is significantly more sensitive than radiation-free radar.
B) suspension of Clean Air Act and Clean Water Act restrictions in and around domestic military bases.
C) suspension of Endangered Species Act restrictions when animal and plant life is affected during necessary military training maneuvers.
D) building of a fence between the United States and Mexico.
E) building of nuclear power plants around protected areas of the United States.

Question 40

The National Environmental Policy Act:

A) establishes a tailor-made policy for each state to encourage productive and enjoyable harmony with nature.
B) imposes specific duties on all state agencies.
C) promotes the understanding of natural resources important to businesses.
D) promotes the understanding of the ecological systems important to the United States.
E) demands that all state agencies prepare an environmental impact statement prior to taking certain actions,

Question 41

Thermal effluents consist of:

A) heated air discharged into the atmosphere.
B) heated water discharged into rivers and lakes.
C) warm water tides that affect the weather.
D) solid waste that produces heat creating landfill-related pollution.
E) heated pollutants released from gas chambers to the atmosphere.

Question 42

Today, the estimated time needed to acquire the necessary permits to build a coal-fired electric generating plant is:

A) one to two years.
B) six to nine months.
C) five to ten years.
D) three to four years.
E) two to three years.

Question 43

Under the Solid Waste Disposal Act, the federal role in nontoxic waste management is to:

A) provide strict guidelines to landfill composition.
B) promote research and provide technical and financial assistance to the states.
C) waive standards regarding other pollution that arises as a result of solid waste management.
D) grant tax breaks for industries using recycled materials.
E) provide for the storage, transfer, and the disposal of non-toxic waste material.

Question 44

The Clean Water Act applies to:

A) navigable intrastate waterways.
B) navigable interstate waterways.
C) navigable interstate and intrastate waterways.
D) navigable and nonnavigable interstate and intrastate waterways.
E) navigable and nonnavigable international waterways.

Question 45

The primary purpose of the Toxic Substances Control Act is to:

A) force an early evaluation of suspect chemicals before they become economically important.
B) slow down the introduction of new chemicals to encourage the use of already established chemicals.
C) prevent the shipment of unsafe chemicals to foreign countries.
D) create an organic environment for agriculture.
E) identify water bodies for the safe disposal of toxic materials.

Question 46

The Clean Water Act:

A) sets goals and timetables to eliminate water pollution.
B) directs the EPA to set maximum drinking water contaminant levels.
C) mandates permits to discharge pollutants from non-point source.
D) mandates permits for industrial, but exempts municipal, dischargers.
E) regulates non-point source pollution,

Question 47

Under the Resource Conservation and Recovery Act, a generator of wastes is obligated to:

A) provide on-site disposal of the waste.
B) determine if a nonlisted waste is hazardous in terms of the chemical characteristics specified by the Solid Waste Disposal Act.
C) determine whether its wastes qualify as hazardous.
D) produce no new chemicals.
E) pay punitive and speculative damages to the aggrieved party.

Question 48

Under the _____ approach, businesses can cut pollution beyond what the law requires and keep these reductions for their own future use or to sell to other companies as emission offsets.

A) point-source
B) bubble concept
C) cap and trade
D) emissions reduction banking
E) marketable rights

Question 49

For control purposes, the Clean Air Act amendments divide air pollution into the categories of _____ sources.

A) suburban and rural
B) stationary and mobile
C) commercial and residential
D) urban and industrial
E) organic and inorganic

Question 50

Which of the following is a control device that stationary source polluters may utilize to achieve design standards?

A) Catalytic converters
B) Short stacks
C) Water jets
D) Electromagnetic precipitators
E) Scrubbers

Question 51

The _____ approach refers to pollution control system under which the right to discharge a certain pollutant would be auctioned off to the highest bidder.

A) point-source
B) bubble concept
C) cap and trade
D) emissions reduction banking
E) marketable rights

Question 52

The Federal Insecticide, Fungicide, and Rodenticide Act:

A) requires registration and labeling of agricultural pesticides.
B) requires licensing of operators using pesticides.
C) prohibits the use of pesticides near schools.
D) takes into account the economic and environmental, but not the social, costs and benefits of the use of any pesticide.
E) applies to pesticides U.S. manufacturers ship to foreign countries.

Question 53

Opinion research indicates that the public's highest concern regarding regulation of industry is:

A) expansion of industry into protected areas.
B) control of toxic and hazardous chemicals.
C) movement of industry to less-regulated countries.
D) land encroachment in national parks.
E) the transfer of toxic materials to developing countries.

Question 54

The primary federal effort in solid waste management is represented by the _____ Act.

A) Waste and Resource Reclamation
B) Solid Waste Disposal
C) Landfill Management
D) National Environmental Policy
E) National Solid Waste Management

Question 55

Under the _____ permits issued by the EPA, polluters can engage in a family of alternative operating scenarios without the expensive delay of obtaining new permits per the previous EPA requirements.

A) point
B) single visit
C) work
D) one-way
E) smart

Question 56

The _____ approach to pollution control refers to a situation where the government issues a limited number of pollution permits, and companies, which can reduce emissions, can sell the unused amount of a permit.

A) bubble concept
B) point source
C) cap and trade
D) emissions reduction banking
E) marketable rights

Question 57

For the Department of Interior, the Endangered Species Act is administered by the:

A) Fish and Wildlife Services.
B) EPA.
C) National Marine Fisheries Services.
D) FEPCA.
E) Fish and Wildlife Services and the National Marine Fisheries Services.

Question 58

Under the _____ concept, the pollution of the plant complex as a whole is the focus of regulation.

A) volume source
B) area source
C) line source
D) point source
E) bubble

Question 59

Total solid wastes produced yearly in the U.S. equals almost _____ tons for every individual.

A) 5
B) 15
C) 25
D) 50
E) 80

Question 60

Under the Endangered Species Act, the right to declare a species as endangered rests with the:

A) director of the EPA.
B) Governors of states where the species habitat is located.
C) Secretary of the Interior.
D) president.
E) upper house of the U.S Congress.

Question 61

What are the civil and criminal penalties that enforce the Clean Air Act?

Question 62

The basis for the _____ tort lies in the defendant's breach of his/her duty to use ordinary and reasonable care toward the plaintiff, which proximately (foreseeably) causes the plaintiff injury.

A) strict liability
B) negligence
C) trespass
D) private nuisance
E) public nuisance

Question 63

High carbon dioxide levels which lead to warmer global temperatures create the:

A) butterfly effect.
B) greenhouse effect.
C) polar effect.
D) Bohr effect.
E) boomerang effect.

Question 64

If a bank assumes ownership of a piece of contaminated land:

A) the previous owner will be solely responsible for the cleanup.
B) the bank can re-sell the property without any liability for cleanup.
C) the bank becomes a responsible party.
D) the bank cannot sell the land due to its contaminated status.
E) and then sells it, the future owner will be solely responsible for the cleanup.

Question 65

What are the responsibilities of the Environmental Protection Agency?

Question 66

The Comprehensive Environmental Response, Compensation, and Liability Act:

A) levies punitive damages up to five times of the cleanup costs.
B) mandates notification for authorized release of hazardous substances.
C) imposes strict liability on those responsible for unauthorized discharges of hazardous wastes.
D) supersedes international pollution control laws.
E) permits pollution within the legal limits.

Question 67

Fletcher and Co. manufactures explosives that are used for the demolition of structures. These explosives are stored in their warehouse situated in a residential area. One day, the warehouse catches fire, resulting in an explosion which causes widespread damage to the life and property of the people living in that area. Fletcher and Co. are guilty of:

A) strict liability.
B) negligence.
C) trespass.
D) private nuisance.
E) public nuisance.

Question 68

A factory's failure to use pollution control equipment may be evidence of its failure to exercise _____ resulting in evidence of negligence.

A) best practices
B) prudence
C) standard of care
D) reasonable care
E) good faith

Question 69

Which of the following statements holds true for the manifest system of hazardous waste disposal?

A) It assesses penalties for failure to comply with the provisions of RCRA.
B) It refers to the software packages used for aggregating data for optimization of operations for waste collection.
C) It prescribes various record-keeping requirements for waste disposal.
D) It obligates the generator to determine whether its wastes qualify as hazardous.
E) It requires the generator to prepare a manifest document that designates a licensed facility for disposal purposes.

Question 70

A defendant is liable for _____ if, without right, he/she intentionally enters land in possession of another or causes something to do so.

A) strict liability
B) negligence
C) trespass
D) private nuisance
E) public nuisance

Question 71

The common law of _____ is established when the use of one's land unreasonably interferes with the use or enjoyment of another's land.

A) strict liability
B) negligence
C) trespass
D) private nuisance
E) public nuisance

Question 72

Banes and Co. is spread over an area of 1,500 acre complex in Baytown consisting of an oil refinery and two petrochemical plants. The refinery produces over 200,000 barrels per day. Residential neighborhoods are within a mile downwind from each facility, and almost 15,000 people live within three miles of the oil giant's facility. It releases gases over 3.5 million pounds of sulfur dioxide, 6 million pounds of carbon monoxide, 2 million pounds of volatile organic compounds, 275,000 pounds of nitrogen oxides, 60,000 pounds of 1,3-butadiene, and 35,000 pounds of benzene. It violates the standards established by the federal authorities. Which Act does Banes violate?

Question 73

_____ refers to an act that causes inconvenience or damage to the public in the exercise of rights common to everyone.

A) Direct interference
B) Negligence
C) Trespassing
D) Private nuisance
E) Public nuisance

Question 74

Under the Superfund law, a purchaser of land may escape the liability to cleanup hazardous wastes by:

A) fixing responsibility on the previous owner of the land.
B) suing the land seller for the hazardous wastes left by the seller.
C) informing the government of any hazardous wastes in the land.
D) pleading ignorance to the knowledge of the act.
E) proving the exercise of due diligence in checking the land for toxic hazards.

Question 75

What are the components of the environmental impact statement (EIS) and when are they required?

Question 76

Tort law attacks the pollution problem using the established theories of:

A) nuisance and trespass.
B) negligence and strict liability.
C) nuisance, trespass, and strict liability.
D) trespass, negligence, and nuisance.
E) nuisance, negligence, trespass, and strict liability.

Question 77

_____ percent of the world's population uses more than half of its polluting energy.

A) Ten
B) Fifteen
C) Twenty
D) Twenty-five
E) Thirty-five

Question 78

Under Superfund, the costs for restoring land to its previous condition is called:

A) reformation.
B) remediation.
C) rehabilitation.
D) reconstruction.
E) reclamation.

Question 79

How is the bubble concept different from the point source concept when measuring pollution emissions?

Question 80

A private citizen can:

A) report violations of environmental law to the EPA, but cannot act directly.
B) sue polluters through governmental agencies to enforce compliance with environment law.
C) sue public agencies, like EPA, to force the adoption of regulations.
D) sue businesses, but not the government, to enforce rules under environmental statutes like the Clean Air Act and the Clean Water Act.
E) resort to intimidatory tactics against polluting industries.