Deck 18: Environmental Law

Question 1

In order to file a lawsuit to enforce an environmental regulation,an individual must be authorized to do so by the statute.

Answer 1

True
Explanation: So-called citizen suits must be statutorily authorized.

Question 2

The National Environmental Policy Act (NEPA)sets out a ________ for making decisions.

Answer 2

Procedure

Question 3

________ is the common law doctrine basis for modern environmental protection laws.

Answer 3

Nuisance

Question 4

Once water quality standards are set,it is up to the EPA to monitor if the water source is meeting that standard.

Question 5

If a business or individual emits a substance into a water source as part of their facilities' operation,they are not required to have a permit if they are not causing pollution.

Question 6

Most federal environmental laws do not require that state work in conjunction with the EPA to implement and enforce them.
environmental agencies.

Question 7

________ provisions are part of many environmental statutes that allow third parties to file a law suit.

Question 8

The Environmental Protection Agency (EPA)does not work with other agencies to carry out its duties.

Question 9

The National Environmental Policy Act (NEPA)applies to interstate highway construction.

Question 10

The Superfund imposes joint and several liability on the ________ responsible parties.

Question 11

The Resource Conservation and Recovery Act (RCRA)applies only to active facilities,not future ones.

Question 12

The Clean Air Act (CAA)requires that ________ determine how to achieve the National Ambient Air Quality Standards (NAAQS).

Question 13

The ________ Act is the most important wildlife protection legislation.

Question 14

If a ship wreck causes an oil spill,the legislation that regulates it is known as the ________ Act.

Question 15

Fixed site emitters of air pollutants are known as ________ sources of air pollution.

Question 16

Nuisance suits allow an individual to sue a polluter to protect the community from environmental damage.

Question 17

Federal environmental laws are primarily administered,implemented,and enforced by the ________ Agency.

Question 18

The nickname for the Comprehensive Environmental Response Compensation and Liability Act (CERCLA)is _____.

Question 19

In addition to the EPA,the Clean Water Act (CWA)is also enforced by the U.S.Army Corp of Engineers.

Question 20

The Safe Drinking Water Act (SDWA)sets standards that are different for different water systems.

Question 21

For situations where there is an immediate threat of hazardous materials release,the Superfund does not require immediate removal.

Question 22

Short-term contamination sites are not placed under the Superfund laws.

Question 23

The EPA may enforce its rules and regulations through criminal prosecutions.

Question 24

The Superfund requires that all states have emergency procedures in place in the event of a chemical spill.

Question 25

A market-based approach does not give a business options about how to comply with pollution standards.

Question 26

Government officials do not negotiate with principally responsible parties to figure out their contribution towards cleaning up polluted sites.

Question 27

The Environmental Impact Statement (EIS)is a procedural requirement for all actions that might impact the environment.

Question 28

The Endangered Species Act (ESA)is administered by the Department of Commerce and the Department of the Interior.

Question 29

Banks that become owners of contaminated property through foreclosure are not liable for cleanup costs.

Question 30

There is no federal requirement for businesses to disclose the presence of certain chemicals to their community.

Question 31

Most states do not have laws that require state and local governments to consider the environmental impacts of their decisions when taking actions that might reasonably affect the environment.

Question 32

Property owners of contaminated land are not exempt from liability for cleanup even if they bought the property unaware of pollution.

Question 33

Citizen suit provisions are rare in federal and state environmental statutes.

Question 34

Car performance standards are regulated by the EPA.

Question 35

The National Environmental Policy Act (NEPA)process does allow for public notice so that a citizen may influence an agency's decision.

Question 36

The Clean Air Act requires a new permit when minor modifications are made to a plant by a current permit holder.

Question 37

Existing sources of pollution are required to install the best available technology to obtain a permit to release substances into a water source.

Question 38

The Clean Air Act (CAA)is an uncontroversial statute.

Question 39

Only property owners are liable for cleanup costs of contaminated sites under the Superfund laws.

Question 40

The National Environmental Policy Act (NEPA)focuses on achieving results like clean air and water.

Question 41

The Safe Water Drinking Act (SDWA)does not apply to which of these water sources?

A) lakes
B) rivers
C) oceans
D) subsurface wells

Question 42

When filing a citizen suit,a private citizen or organization must:

A) be authorized by statute.
B) be authorized by statute and not profit from the enforcement action.
C) be an established environmental protection group.
D) have permission from the EPA to sue

Question 43

Actions by which of these would fall under the National Environmental Policy Act (NEPA)?

A) Joe Jackson, a private citizen
B) Colorful Paint Company, a business
C) New York's Department of Transportation
D) Food and Drug Administration

Question 44

The Environmental Defense Fund,an environmental watchdog group,files a lawsuit to prevent future open pit coal mining in West Virginia.This type of lawsuit is known as a:

A) wrongful damage suit.
B) citizen suit.
C) nuisance suit.
D) negligence suit

Question 45

The Toxic Substance Control Act (TSCA)does which of the following:

A) gives the FDA broad jurisdiction in controlling risks from manufacturing, processing, use, and disposal of chemical compounds.
B) gives the state legislatures broad jurisdiction in controlling risks from manufacturing, processing, use, and disposal of chemical compounds.
C) gives the EPA broad jurisdiction in controlling risks from manufacturing, processing, use, and disposal of chemical compounds.
D) gives the EPA limited jurisdiction in controlling risks from manufacturing, processing, use, and disposal of chemical compounds

Question 46

Which of these is not regulated through the Transport and Air Quality Program?

A) tailpipe emissions
B) distance that semi-trucks may travel in one day
C) performance standards
D) composition of fuel

Question 47

The Superfund law addresses hazardous substance cleanup through which of these ways?

A) removal and remedial actions
B) removal, remedial and prevention actions
C) removal actions
D) remedial actions

Question 48

Which of these is not a way that the Environmental Protection Agency (EPA)enforces its regulations?

A) criminal complaints
B) permits
C) administrative fines
D) mandatory arbitration

Question 49

In Goodrich Corp.v.Town of Middlebury there were two public landfills that were designated as Superfund sites.The principally responsible parties formed a coalition to sue several municipalities for assistance in cleanup costs.During the litigation,a special master was appointed to determine which parties contributed how much waste.When the case went to trial,the district court chose not to follow the determinations of the special master and determined themselves the liability of the municipalities.The decision was appealed.The appellate court determined that disregarding the special master's determination of liability was:

A) permissible for the district court because it was within its rights to determine the municipalities more liable than the special master determined.
B) not permissible because the district court was legally bound by the Superfund to accept the liability findings of the special master.
C) permissible because the special master should not have been appointed.
D) not permissible because there was no error of law in the determination of liability

Question 50

Which of these is not one of the primary reasons for the creation of environmental statutes?

A) protection of wildlife
B) ensure that government agency decisions had minimal environmental impact
C) standardize environmental protections across the country
D) protect an individual's personal property rights from environmental nuisances

Question 51

Which of these is not a class of principally responsible parties (PRP)under the Superfund?

A) current owners
B) previous owners
C) owners at the time when the hazardous substances were disposed on the site
D) business that accepted hazardous substance for transportation to the site and selected the site

Question 52

What legislation amended the Comprehensive Environmental Response Compensation and Liability Act (CERCLA)?

A) Revised Environmental Response Compensation and Liability Act (RERCLA)
B) National Environmental Policy Act (NEPA)
C) Superfund Amendments and Reauthorization Act (SARA)
D) Resource Conservation and Recovery Act (RCRA)

Question 53

Who sets the water quality standards for the navigable waters in a state under the Clean Water Act (CWA)?

A) states
B) Congress
C) the Waterways Protection Agency
D) the U.S. Army Corps of Engineers

Question 54

What is one of the main criticisms of the Superfund laws according to the critics?

A) taxpayers fund too much of the cleanup costs
B) it is too difficult to determine who is responsible for contamination
C) does not halt further environmental damage from toxic waste sites
D) transporters of hazardous waste should not be held liable for transporting the materials

Question 55

Which of the following is not a major federal environmental law?

A) Clean Air Act
B) Clean Land Act
C) Clean Water Act
D) Safe Drinking Water Act

Question 56

If a piece of land has long-term contamination,what is the EPA required to do first under the Superfund?

A) determine the best way to decontaminate the site
B) access the toxicity of the site
C) allocate liability for contamination
D) determine if the site should be placed on the National Priorities List

Question 57

George wants to buy an old chemical factory in the warehouse district of town.He plans to take advantage of the upcoming neighborhood and turn the building into expensive lofts.After purchasing the property and starting renovations,he discovers that the land is contaminated with hazardous chemicals.He contacts the EPA to create a cleanup plan.When allocating liability and cleanup costs the EPA determines that George is:

A) not liable because he did not own the land when it was contaminated.
B) not liable because the chemical factory owners contaminated the property.
C) liable because he is the owner of the contaminated property.
D) liable because he should have conducted all reasonable inquiries into the previous ownership to determine if any contamination is present

Question 58

The Resource Conservation and Recovery Act (RCRA)regulates:

A) the environmental impact of coal mining and logging.
B) active and future facilities that produce solid waste and hazardous materials.
C) community recycling programs across the country.
D) none of the above

Question 59

The Clean Air Act's tailpipe emissions standards are set by:

A) each state adopts their own standards.
B) each state may choose between federal or California's standards.
C) each state must use the federal standards.
D) the car manufactures set the emission standards

Question 60

Regulations that set out the average mile per gallon requirements for vehicles are properly called?

A) Liquid Energy Efficiency Requirements
B) Fuel Efficiency Standards
C) Corporate Average Fuel Economy Standards
D) Motor Vehicle Standards

Question 61

Which of these is not a reason listed in the chapter as a purpose for environmental protection statutes?

A) protect wildlife and endangered species
B) promote clean air and water through regulation and permitting
C) ensure that businesses have no impact on the environment
D) ensure that government agencies make as minimal an impact as possible on the environment

Question 62

The EPA has identified a new hazardous waste site.What should its initial steps be to clean up the site?

Question 63

Discuss the purposes of environmental laws.

Question 64

An oil tanker crashes off the coast of California.It dumps millions of gallons of oil into the ocean.When investigating the crash,it is suspected that there might be gross negligence on the part of the ship's captain.Is the ship owner liable for the damages? Why or why not?

Question 65

The legislation that established a process for federal agencies for making decisions that may reasonably impact the environment is called:

A) Environmental Protection Act.
B) National Environmental Policy Act.
C) Environmental Decision Impact Act.
D) Clean Air Act

Question 66

The Colorful Paint Company got a mortgage from the bank to purchase a factory to make paint.As part of their manufacturing process the Colorful Paint would dump the excess paint into a pit behind the building.This practice contaminated the property.If the bank foreclosed on the factory,would they be liable for cleanup costs of the contaminated land?

A) no because they were innocent landowners
B) no because they did not contaminate the property
C) no because they were secured creditors
D) yes because they own the property

Question 67

Name and discuss the functions of each of the two important environmental water acts.

Question 68

The Clean Air Act's market based approach is controversial.What are major arguments for and against this approach?

Question 69

The National Park Service is considering expanding one of their ranger stations at Yellowstone National Park.The ranger station is located on a side of mountain and is primarily used for tracking animal populations.The National Park is unsure what the expansion would to do to the environment.Before they are able to start construction they must categorize the expansion under NEPA as:

A) no category required.
B) environmental impact statement.
C) categorical exclusion.
D) environmental assessment

Question 70

In No Spray Coalition,Inc.v.The City of New York,No Spray Coalition filed a lawsuit in New York City to stop the city's program of spraying for mosquitoes to prevent the spread of the West Nile Virus,a potentially fatal disease.The program included both ground and aerial spraying of a potentially hazardous pesticide.No Spray contented that the chemicals were being sprayed in violation of the Clean Water Act (CWA).The court found that:

A) No Spray was not allowed to sue under the citizen suit provision.
B) New York was in violation of the CWA because the pesticides it was spraying entered the city's rivers and navigable water.
C) New York was spraying the pesticides according their labels as approved by the Environmental Protection Agency (EPA) and therefore was permitted under the CWA.
D) The risks of the spread of the West Nile Virus outweighed the risks to the navigable waters and so spraying was therefore permitted

Question 71

The oil spill that resulted in Congress creating the Oil Pollution Act was the:

A) Deepwater Horizon.
B) Gulf Oil Spill.
C) Kirsk.
D) Exxon Valdez

Question 72

A local real estate developer wants to build a new office park on a piece of forested land that is home to many spotted owls,an endangered species.The office park is expected to bring new companies and jobs to the area.You are particular fond of the owls and want to see them thrive.Is there anything that you can do to stop construction?

Question 73

A factory has a permit to emit pollutions at a specified level under the Clean Air Act.As part of upgrading its facilities what must the factory do? What might be their concern?

Question 74

When is a categorical exclusion for an action available under NEPA?

A) the environmental impact is unknown
B) the environmental impact is significant
C) the environmental impact is little
D) it is required in all instances

Question 75

Under the Clean Air Act (CAA)who determines the best way to achieve National Ambient Air Quality Standards (NAAQS)?

A) Congress
B) the Environmental Protection Agency (EPA)
C) states
D) the National Air Quality Control Agency (NAQCA)

Question 76

Pat recently purchased some property that she knew used to be home to a chemical plant fifty years ago.The plant was removed thirty years ago.Today the property is full of trees and the stream running through it is clear and looks clean.Last month the EPA determined that her property,as well as several neighboring properties,is contaminated.The EPA placed the entire site on the National Priorities List for cleanup.How liable for the hazardous waste is Pat?

Question 77

The bank is considering making a loan on a piece of property that is home to a chemical factory.There is no evidence of any contamination but the bank is concerned about being liable if there is a chemical spill.Should they be concerned?

Question 78

The NEPA procedures require that an environmental assessment be performed for actions where:

A) the environmental impact is unknown.
B) the environmental impact is significant.
C) the environmental impact is little.
D) it is required in all instances

Question 79

Name and discuss the three different categories that federal agency actions are classified as under the National Environmental Policy Act? Provide an example for each.

Question 80

An environmental impact statement is required by the NEPA in instances where:

A) the environmental impact is unknown.
B) the environmental impact is significant.
C) the environmental impact is little.
D) it is required in all instances