Deck 21: Protecting the Environment

Question 1

The primary responsibility for implementing air-quality standards rests with the federal government.

Answer 1

False

Question 2

An environmental impact statement is required for every major federal action that significantly affects the quality of the environment.

Answer 2

True

Question 3

There are no plans to develop national standards regulating the fuel economy and emissions for medium- and heavy-duty trucks.

Answer 3

False

Question 4

The Environmental Protection Agency periodically updates the pollution standards.

Question 5

The Environmental Protection Agency has concluded that greenhouse gases,including carbon dioxide emissions,do not constitute a public danger.

Question 6

The Environmental Protection lists all hazardous air pollutants (HAPs)on a prioritized schedule.

Question 7

A public authority-such as a state's attorney general-can sue to stop a "public" nuisance.

Question 8

Pollution not from point sources,such as runoff from small farms,is subject to the same regulation as pollution from point sources.

Question 9

Injured individuals can rely on the common law to obtain damages and injunctions against business polluters.

Question 10

Under the common law doctrine of nuisance,persons may be liable if they file a suit against a business polluter that views the suit as a nuisance.

Question 11

Those who knowingly violate the Clean Air Act are exempt from liability.

Question 12

States may not restrict emissions from motor vehicles.

Question 13

Different standards for air quality apply to existing sources of pollution and major new sources.

Question 14

States may restrict emissions from motor vehicles.

Question 15

All environmental law consists of statutes and regulations.

Question 16

If an agency decides that an environmental impact statement is unnecessary,it need not issue a statement supporting this conclusion.

Question 17

State laws may not regulate a business' s disposal of toxic wastes.

Question 18

States may restrict a business's discharge of chemicals into the air or water.

Question 19

Only the Environmental Protection Agency can sue violators of emission limits under the Clean Air Act.

Question 20

Performance standards for major sources of air pollution require the use of the any available technology,or AAT.

Question 21

National effluent (pollution)standards are set by the Environmental Protection Agency for each industry.

Question 22

Operators of public water systems must meet the Environmental Protection Agency's standards regardless of the economic and technological feasibility.

Question 23

The Environmental Protection Agency can regulate a substance that poses an imminent hazard but cannot prohibit the use of a substance altogether.

Question 24

Any point source emitting pollutants into water must have a permit.

Question 25

New sources of water pollutants must install pollution-control equipment before beginning operations.

Question 26

Environmental clean-up efforts include control of toxic chemicals used in agriculture and in industry.

Question 27

Refer to Fact Pattern 21-1.The court is most likely to award Sid an injunction

A)if letting the pollution continue is equally as harmful as stopping it.
B)if letting the pollution continue is less harmful than stopping it.
C)if letting the pollution continue is more harmful than stopping it.
D)under no circumstances.

Question 28

The government can recover the cost to clean up a hazardous waste disposal site from the persons who were even remotely responsible.

Question 29

The Clean Water Act includes special provisions for toxic chemicals and for oil spills.

Question 30

The courts have considerably scaled back the Clean Water Act's protection of wetlands.

Question 31

The Environmental Protection Agency sets minimum levels for pollutants in public water systems.

Question 32

When a release of hazardous chemicals from a site occurs,potentially responsible parties can avoid liability through transfer of ownership.

Question 33

Verna makes a living by commercial fishing in a river allegedly polluted by Wall Paint Company.To bring a suit against Wall Paint on the ground of private nuisance,Verna must allege that she suffers from

A)a distinct harm separate from that affecting the general public.
B)a lesser harm than an injunction would impose on Wall Paint.
C)Wall Paint's failure to use reasonable care to avert herm to Verna.
D)the same harm as that affecting the general public.

Question 34

The Environmental Protection Agency defines wetlands as "lands that are wet."

Question 35

Valley Disposal Center operates a recycling plant.Wendy and other Valley neighbors file a suit,alleging injuries from the plant.To succeed,they must show that Valley failed to use reasonable care if the suit is based on

A)a negligence theory.
B)a nuisance theory.
C)any legal theory.
D)a strict liability theory.

Question 36

Fabio makes a living by farming near Gastric Combustibles,Inc.,which has discharged pollutants into the area's air and water.In a suit by Fabio for an injunction against Gastric on the ground of nuisance,the court is most likely to rule in Gastric's favor if

A)Fabio's operation also pollutes,with pesticides and herbicides.
B)Fabio's operation suffers harm distinct from the general public.
C)Gastric's operation is the core of the local economy.
D)Gastric's operation uses reasonable care to avoid harm to Fabio.

Question 37

Water-quality standards are set by the states under Environmental Protection Agency supervision.

Question 38

Consolidated Trucking Company transports radioactive materials.Darla suffers from cancer.To succeed in a suit against Consolidated on the ground of strict liability,Darla must show that her injury was caused by

A)Consolidated's failure to use reasonable care to avert herm to Darla.
B)Consolidated's intentional lack of regard for the general public.
C)Consolidated's operation.
D)radiation from any source.

Question 39

Only offshore oil facilities that discharge oil into navigable waters are liable for the clean-up costs.

Question 40

It is a violation of federal law to destroy or deface any labeling required on a pesticide or herbicide.

Question 41

Ski Resorts,Inc.,wants to add a new run to its facility in a national park on federal land.For this action,an environmental impact statement is

A)prohibited.
B)required.
C)unnecessary.
D)voluntary.

Question 42

Industrial Solvents,Inc.,averages $15,000 profit per day before deciding to ignore air pollution standards,after which the average is $30,000.Industrial Solvents is subject to a fine of

A)$0.
B)$15,000 per day.
C)$30,000 per day.
D)$30,000 total.

Question 43

Rural Electric Company submits a bid to build a dam on federal land as part of a federal project.For this action,an environmental impact statement is most likely

A)prohibited.
B)required.
C)unnecessary.
D)voluntary.

Question 44

Arcata,California,passes an ordinance to regulate waste disposal.The disposal of waste may also be regulated by

A)all other levels of government.
B)no other levels of government.
C)the federal government only .
D)the California state government only.

Question 45

Green River Energy Corporation wants to begin operations that include the discharge of waste into navigable waters.Under the Clean Water Act,Green River must install certain equipment

A)after beginning operations.
B)before beginning operations.
C)during operations.
D)only if a regulatory agency challenges the discharge.

Question 46

Fried Food,Inc.,operates a commercial frying plant,discharging pollutants into the air.Greg reports the violations to the Environmental Protection Agency.Greg

A)is not entitled to a payment.
B)may be paid up to any amount.
C)may be paid up to $1,000.
D)may be paid up to $10,000.

Question 47

Without a permit from the U.S.Army Corps of Engineers,Holiday Timeshares,Inc.,fills a wetlands area that it owns before constructing a residential resort.Under the Clean Water Act,this is most likely

A)a violation.
B)not a violation because a permit is not needed to fill wetlands.
C)not a violation because the area was filled before construction.
D)not a violation because there was no discharge of pollution.

Question 48

Midwest Power Corporation wants to build a nuclear power plant on private land,for which a federal permit is required.For this action,an environmental impact statement is

A)prohibited.
B)required.
C)unnecessary.
D)voluntary.

Question 49

Congress enacts air quality legislation.To implement and enforce this law,as is typical of other environmental statutes and regulations,the federal government will most likely rely on

A)all levels of government.
B)local chambers of commerce.
C)local police departments.
D)polluters' self-monitoring.

Question 50

The operations of Metal Refining Industries,Inc.,are major sources of air pollution.These operations must use

A)the absolutely cleanest air technology.
B)the best available filter technology.
C)the maximum achievable control technology.
D)the most affordable scrubbing technology.

Question 51

Refer to Fact Pattern 21-1.The court is most likely to award Sid damages

A)if letting the pollution continue is equally as harmful as stopping it.
B)if letting the pollution continue is less harmful than stopping it.
C)if letting the pollution continue is more harmful than stopping it.
D)under no circumstances.

Question 52

Bread & Pastries Baking Company operates a commercial baking plant-a "major source"-that emits hazardous air pollutants for which the Environmental Protection Agency has set maximum levels of emission.The plant does not use any equipment to reduce its emissions.Under the Clean Air Act,this is most likely

A)a violation.
B)not a violation because baking is not considered to be polluting.
C)not a violation because the plant does not use any equipment.
D)not a violation because the plant is not a mobile source.

Question 53

Video Products Company operates a DVD manufacturing plant on Wandering River.Discharging pollutants from the plant into the river can result in

A)civil penalties and criminal penalties.
B)civil penalties only.
C)criminal penalties only.
D)no penalties.

Question 54

Ultra Kleen,Inc.,operates a chain of laundry establishments throughout the United States.The government entity that is most likely to be involved in regulating the chain's environmental impact is

A)Congress.
B)federal and state regulatory agencies.
C)local chambers of commerce.
D)local police departments.

Question 55

A barge owned by Oceanic Shipping Company accidentally runs aground,spilling the oil contained in its hold into the sea and onto the shore.Under the Clean Water Act,this is most likely

A)a violation.
B)not a violation because an oil spill is an accident.
C)not a violation because a floating barge is not a stationary source.
D)not a violation because a ship's hold is not a point source.

Question 56

New Town Construction,Inc.,wants to build a parking ramp to connect to its New Town Mall,both of which are on private land.For this action,an environmental impact statement is

A)prohibited.
B)required.
C)unnecessary.
D)voluntary.

Question 57

The Environmental Protection Agency (EPA)has the authority to regulate "any air pollutant." Fresher Air Group,a private organization,supports cleaner air.Fresher Air can file a suit against the EPA to

A)compel the EPA to act only.
B)compel the EPA to act or prevent it from acting.
C)neither compel the EPA to act nor prevent it from acting.
D)prevent the EPA from acting only.

Question 58

Metal Smelting,Inc.,operates a plant-a "major source"-that emits hazardous air pollutants for which the Environmental Protection Agency has set maximum levels of emission.The plant does not use any equipment to reduce its emissions.Under the Clean Air Act,this is most likely

A)a violation.
B)not a violation because a "major source" is exempt.
C)not a violation because the plant does not use any equipment.
D)not a violation because the plant is not a mobile source.

Question 59

Truckers Storage Depot,a private company,wants to build a warehouse on private land.For this action,an environmental impact statement is

A)prohibited.
B)required.
C)unnecessary.
D)voluntary.

Question 60

Timberline Plywood Company discharges its untreated wastewater into Urban City's storm drainage pipes,which empty into Valley Creek.Under the Clean Water Act,this discharge is most likely

A)a violation.
B)not a violation because the company does not own the pipes.
C)not a violation because water is not a stationary source.
D)not a violation because a storm drainage pipe is not a point source.

Question 61

Little City Company operates a public water supply system.Little must send to every household that it supplies with water an annual statement describing

A)Little's financial situation and material facts that might affect it.
B)other businesses in which Little is involved and to what extent.
C)parties who might be held liable if pollution problems arise.
D)the source of the water,and any contaminants and health concerns.

Question 62

Industry Processes Corporation generates solid waste considered hazardous.Industry labels and packages properly all waste to be transported to a disposal site.Under the Resource Conservation and Recovery Act,this is most likely

A)not a violation.
B)a violation because Industry generates solid waste.
C)a violation because the waste is transported off-site.
D)a violation because the waste is considered hazardous.

Question 63

Before being transported,hazardous waste generated by Xtreme Industries,Inc.,must be properly labeled and packaged under the Resource Conservation and Recovery Act by

A)the federal Environmental Protection Agency.
B)the local Resource Conservation and Recovery Committee.
C)the state Environmental Regulatory Commission.
D)Xtreme Industries,Inc.

Question 64

Odiferous Waste Company is a subsidiary of Precarious Investments,Inc.Odiferous operates a hazardous waste disposal site.QuikChem Corporation is one of many parties who generate waste disposed of at the site.Odiferous borrows money from Regal Bank,which takes over the site when Odiferous goes bankrupt.The Environmental Protection Agency discovers a leak at the site.Can any of these private parties be forced to pay for the clean up If so,who

Question 65

ChemoCorp,Inc.,makes and sells pesticides.If a substance is identified as harmful and the harm is imminent,the Environmental Protection Agency can

A)conduct an inspection of ChemoCorp's plant.
B)declare the substance to be unregulated and allow its production.
C)ignore the risk if the benefit outweighs the harm.
D)order the substance to be sold in an adulterated form.

Question 66

Remote Disposal Company operates a hazardous waste storage facility.Concerned that there may be a release of chemicals from the site,Remote sells the property to Serene Developers,Inc.If there is a release,Remote is most likely

A)liable.
B)not liable because the site was sold before the release.
C)not liable because Remote was concerned about the release.
D)not liable because Remote no longer operates the facility.

Question 67

Hi-Yield Agriculture,Inc.,makes a pesticide with a one-in-a-million risk to people of developing cancer from exposure.This substance must be

A)disposed of before anyone develops cancer.
B)registered before it is sold.
C)taken off the market and placed in temporary storage.
D)used only in a way that avoids exposure to people.

Question 68

Petro Industries,Inc.,operates an oil refinery near Quigley River,which flows into Royal Lake.Discharging oil from the refinery into the river can result in

A)penalties and damages.
B)penalties only.
C)damages only.
D)no penalties or damages.

Question 69

Fruitful Garden Company makes and sells pesticides.For the pesticides to remain on the market,the acceptable level of risk to people of developing cancer from exposure to the products is

A)one-in-a-hundred.
B)one-in-a-million.
C)one-in-a-thousand.
D)zero.

Question 70

Metro City operates its own municipal public drinking water system for which the Environmental Protection Agency has set maximum levels of pollutants.Metro does not use any equipment to meet these standards.With regard to any contamination of the water,under the Safe Drinking Water Act,this is most likely

A)a violation.
B)not a violation because Metro does not set the standards.
C)not a violation because water is not a stationary source.
D)not a violation because Metro does not use any equipment.

Question 71

Under the Marine Protection,Research,and Sanctuaries Act (the Ocean Dumping Act),Bayside Chemical Company may dump its chemical waste into the ocean

A)after obtaining a permit.
B)before obtaining a permit.
C)without a permit.
D)not at all.

Question 72

Resource Mining Company's (RMC)complex spews smoke and odors.The site features its own rail system,and trucks enter and exit the complex night and day.Sam and other residents of an adjacent neighborhood can feel the vibrations of the trains and trucks,and suffer other effects from RMC's operations.Sam and others file a suit against RMC.Why might the court rule in favor of RMC