Deck 41: Environmental Law

Question 1

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

Answer 1

False

Question 2

States may restrict emissions from motor vehicles.

Answer 2

True

Question 3

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

Answer 3

True

Question 4

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

Question 5

Federal statutes and regulations do not cover stationary sources of air pollution.

Question 6

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

Question 7

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

Question 8

All levels of the government,except local governments,regulate some aspect of the environment.

Question 9

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

Question 10

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

Question 11

City,county,and local governments oversee certain aspects of the environment.

Question 12

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

Question 13

All environmental law consists of statutes and regulations.

Question 14

Cities and counties may not restrict emissions from motor vehicles.

Question 15

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

Question 16

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

Question 17

State and local government projects require federal environmental impact statements.

Question 18

The Environmental Protection Agency is the primary federal agency regulating environmental law.

Question 19

The Environmental Protection Agency periodically updates the pollution standards.

Question 20

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 21

Dandy Disposal Center operates a recycling plant.Edwin and other Dandy neighbors file a suit,alleging injuries from the plant.To succeed,they must show that Dandy 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 22

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

Question 23

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

Question 24

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

Question 25

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 26

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

Question 27

Once certified,a pesticide may be used in unlimited quantities on food crops.

Question 28

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

Question 29

Federal statutes provide the basis for issuing regulations to control water pollution.

Question 30

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

Question 31

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

Question 32

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

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

Question 33

Corporate officers cannot be subject to penalties for violations of the Clean Air Act.

Question 34

The Clean Water Act includes special provisions for oil spills.

Question 35

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

Question 36

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

Question 37

Natural Gas Company does not use proper filters on its smokestacks,which consequently pollute the air.Obie,a Natural Gas employee,suffers respiratory illness.To succeed in a suit against Natural Gas on the ground of negligence,Obie must show that he suffers from

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

Question 38

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

Question 39

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

Question 40

Fabio makes a living by farming near Gastric Combustibles,Inc.,which has discharged pollutants into the area's air and water.If Fabio brings a suit asking 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 41

Hydraulic Equipment Company makes its products without required pollution control technology,causing a discharge of oily waste into the nearby Idle Lake.This activity can result in

A)a criminal fine or imprisonment only.
B)a criminal fine,imprisonment,or an injunction only.
C)a criminal fine,imprisonment,an injunction,or damages.
D)an injunction only.

Question 42

Refer to Fact Pattern 41-1.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 43

Eminent Properties,Inc.,wants to fill its wetlands to build Fieldview Homes,a residential subdivision.The Clean Water Act prohibits the filling of wetlands unless

A)any displaced wildlife is accommodated elsewhere.
B)the Army Corps of Engineers issues a permit.
C)the local community obtains a benefit.
D)the party doing the filling realizes an economic profit.

Question 44

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 45

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 46

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 47

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

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

Question 48

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 49

Refer to Fact Pattern 41-1.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 50

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 51

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

A)Congressional committees.
B)federal and state administrative agencies.
C)local chambers of commerce.
D)local police departments.

Question 52

Missoula,Montana,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 Montana state government only.

Question 53

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 54

Chemo Solvents Corporation has waste that it wants to discharge into navigable waters.Under the Clean Water Act,Chemo must apply for a permit

A)after discharging waste.
B)before discharging waste.
C)during the discharge of waste.
D)only if a regulatory agency challenges the discharge.

Question 55

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 56

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 57

Congress enacts air quality legislation that relates to manufacturing plants.To implement 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 and state governments only.
C)state governments only.
D)the federal government only.

Question 58

The Social Security Administration hires Thorough Paving,Inc.,to repave a parking lot.For this action,an environmental impact statement is most likely

A)prohibited because the action does not affect the environment.
B)required because the action is "federal."
C)unnecessary because the action is not "major."
D)voluntary because the action does not affect the environment.

Question 59

The Environmental Protection Agency (EPA)has the authority to regulate "any air pollutant." Fresher Air Group,a private organization that supports cleaner 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 60

The Environmental Protection Agency (EPA)has the authority to regulate "any air pollutant." In issuing standards for the discharge of soot and other pollutants,the EPA

A)does not have to take economic costs into account.
B)must take into account the economic costs to businesses.
C)must take into account the economic costs to government.
D)must take into account the economic costs to the general public.

Question 61

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 62

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 63

ChemoCorp,Inc.,makes and sells pesticides.If a substance is identified as harmful and the harm is imminent,the Environmental Protection Agency,among other things,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 64

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 65

Hi-Yield Agriculture,Inc.,makes a pesticide with a risk to people of developing cancer from exposure of one in a million.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 66

Cozy City lies on the shore of a bay that empties into the Atlantic Ocean.Downcycler Waste Company picks up garbage and trash from local businesses.Further inland,Eschew Corporation collects radioactive waste from the local utility's nuclear power plant.On the other side of the bay,Fort Cozy Military Base stores chemical warfare supplies for disposal.Can Downcycler,Eschew,or Fort Cozy dump their waste in the ocean

Question 67

Jack owns land located outside Metro City.Jack sells the land to Quality Disposal,Inc.,which establishes a hazardous waste disposal facility at the site.Quality Disposal accepts only waste transported by Regional Trucking Company exclusively from Consolidated Industries,Inc.Several years later,Quality Disposal closes its facility and sells the land to Price Rite Corporation,which builds a Price Rite Discount Store on the site.Meanwhile,some of Metro's citizens complain to the Environmental Protection Agency (EPA)that Metro's municipal water supply is polluted.The EPA investigates and discovers that the sources of the pollution are leaks of hazardous waste from what is now the Price Rite property.The EPA cleans up the site.Who can be held liable for the cost of cleaning up the site What standards must Metro meet regarding the water

Question 68

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 69

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

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

Question 70

Metro City operates its own municipal public drinking water system.With regard to pollutants,this system is primarily subject to

A)the migratory bird rule.
B)the Oil Pollution Act.
C)the Rivers and Harbors Appropriations Act.
D)the Safe Drinking Water Act.

Question 71

Arkansas enacts pesticide-labeling requirements that are different from federal pesticide law,but that do not permit anything that federal law prohibits.BugOut Corporation,a pesticide maker,files a suit against the state to block the new rules.The court is most likely to rule that

A)the federal law and state regulations are mutually compatible.
B)the federal law and state regulations cancel each other out.
C)the federal law preempts the state regulations.
D)the state regulations preempt the federal law.

Question 72

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.