Deck 45: Environmental Law and Sustainability

Question 1

It is a violation of federal law to sell a pesticide or herbicide that has a chemical strength different from the concentration declared on the label.

Answer 1

True

Question 2

Public water systems operators must come as close as possible to meeting the Environmental Protection Agency's standards by using any available technology that is economically and technologically feasible.

Answer 2

False

Question 3

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

Answer 3

True

Question 4

There is one set of ambient standards-maximum permissible levels of certain pollutants-and the Environmental Protection Agency formulates plans to achieve them.

Question 5

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

Question 6

The primary responsibility for implementing air-pollution standards established under the Clean Air Act rests with state and local governments.

Question 7

The Clean Water Act permits the filling or dredging of wetlands without a permit.

Question 8

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

Question 9

An environmental impact statement must analyze the impact on any affected business of proposed environmental controls.

Question 10

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

Question 11

Those who knowingly violate the Clean Air Act may be subject to criminal liability.

Question 12

Any oil facility that discharges oil into navigable waters or onto an adjoining shore may be liable for cleanup costs, as well as damages.

Question 13

Under the Clean Water Act, criminal penalties apply whether a violation was intentional or unintentional.

Question 14

An injured party may sue a business polluter in tort under the negligence and strict liability theories.

Question 15

Businesses that engage in ultrahazardous activities are not liable for any injuries the activities cause.

Question 16

There are no defenses to liability under the Comprehensive Environmental Response, Compensation, and Liability Act.

Question 17

The National Pollutant Discharge Elimination System focuses on industrial wastewater and storm water discharges.

Question 18

National Pollutant Discharge Elimination System permits can be issued even if a discharge will violate water-quality standards.

Question 19

Only the federal government may restrict emissions from motor vehicles.

Question 20

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

Question 21

Pest Eradication, 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 22

Nashville, Tennessee, 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 Tennessee state government only.

Question 23

Fact Pattern 45-1B (Questions B3-B4 apply)
Open Pit Excavation Inc. operates a rock quarry next to Robyn's vineyard and winery. Robyn files a suit against Open Pit, alleging that the quarry is a nuisance and unreasonably inter?feres with Robyn's enjoyment of her property.
Refer to Fact Pattern 45-1B. The court is most likely to award Robyn 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 24

Fried Food, Inc., operates a commercial frying plant, discharging pol?lut?ants 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 25

Energy Market Corporation wants to build a wind power plant on pri?vate land, for which a federal permit is required. For this action, an en?viron?mental impact statement is

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

Question 26

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 27

Loaf & Biscuit Company operates a commercial dough making and packaging 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 dough is not considered a pollutant.
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 28

Grease & Lubricants Inc. makes its products without required pollution control technology, causing a discharge of oily waste into the nearby Holly Lake. This activity can re?sult 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 29

Ultrahazard Removal & Disposal Corporation transports radioactive materials. Vincent, an Ultrahazard employee, is diagnosed with radiation sickness after exposure to the materials. Vincent's suit against Ultrahazard to recover for the injury is known as

A) an environmental impact statement.
B) a nuisance.
C) a toxic tort.
D) a hazardous substance response.

Question 30

County Water & Sewer operates a public water supply system. County Water must send to every household that it supplies with water an annual statement describing

A) County Water's financial situation and material facts that might affect it.
B) other operations, such as irrigation and water conservation, in which County Water 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 31

Plywood & Particleboard Mill, Inc., does not use proper filters on its stacks, which consequently pollute the air. Quinn, a Plywood & Particleboard employee, suffers respiratory illness. To succeed in a suit against the company on the ground of negligence, Quinn 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 Plywood & Particleboard.
C) Plywood & Particleboard's failure to use reasonable care to avert herm to Quinn.
D) the same harm as that affecting the general public.

Question 32

Energy Resources, Inc., operates an oil refinery near Forest River, which flows into Grove 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 33

Clean n' Green, Inc., operates a chain of car washes 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 34

HazMat Waste Corporation operates a hazardous waste storage facility. Concerned that there may be a release of chemicals from the site, HazMat sells the property to Investment Holdings, Inc. If there is a release, HazMat is most likely

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

Question 35

Condos & Course Development, Inc., fills a wetlands area that it owns without a permit from the U.S. Army Corps of Engineers. Condos & Course Development plan to build a golf course and residences on the site. 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 36

The operations of Commercial Concrete, Inc., are major sources of air pollu?tion. 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 37

The National Park Service hires Outdoor Play, Inc., to replace outdated playground equipment in a handful of national parks. For this action, an environmental impact state?ment 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 38

BioChemical Disposal Corporation operates a hazardous waste storage facility. ChemCo Inc. buys BioChemical before it is discovered that the firm's disposal practices violated CERCLA. With respect to these violations, Superfund imposes on ChemCo

A) strict liability.
B) liability under the nuisance doctrine.
C) liability on a negligence theory.
D) no liability.

Question 39

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 40

Fact Pattern 45-1B (Questions B3-B4 apply)
Open Pit Excavation Inc. operates a rock quarry next to Robyn's vineyard and winery. Robyn files a suit against Open Pit, alleging that the quarry is a nuisance and unreasonably inter?feres with Robyn's enjoyment of her property.
Refer to Fact Pattern 45-1B. The court is most likely to award Robyn 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 41

Bertha owns land located outside Centre City. Bertha sells the land to Disposal & Recycling, Inc., which establishes a hazardous waste disposal facility at the site. Disposal & Recycling accepts only waste transported by Eco Trucking Inc. exclusively from Federated Industries, Inc. Several years later, Disposal & Recycling closes its facility and sells the land to Garden Variety Retail Corporation, which builds a Home & Yard store on the site. Meanwhile, some of Centre City's citizens complain to the Environmental Protection Agency (EPA) that the city's municipal water supply is pol?luted. The EPA investigates and discovers that the sources of the pollu?tion are leaks of hazardous waste from what is now the Home & Yard site. The EPA cleans up the site. Who can be held liable for the cost of cleaning up the site? What standards must Centre City meet regarding the water?

Question 42

Metal Smelting & Foundry Inc.'s complex spews smoke and odors. The site features its own rail system, and trucks enter and exit the com?plex night and day. Neal and other residents of an adjacent neighbor?hood can feel the vibrations of the trains and trucks, and suffer other ef?fects from the operations. Neal and others file a suit against Metal Smelting. Why might the court rule in favor of the defendant?