Deck 46: Environmental Law

Question 1

Which of the following was the result at the U.S.Supreme Court level in Massachusetts v.EPA,the case in the text in which Massachusetts led several states in a lawsuit asking that the EPA be ordered to establish vehicle emission standards for carbon dioxide and five other greenhouse gasses?

A)The Court found that the emissions at issue contributed to climate change and ordered that the EPA set standards in regard to them.
B)The Court refused to consider the matter based on its determination that the issue of whether the emissions affected climate change was within the discretion of the EPA.
C)The Court ordered that standards on the pollutants be set if the EPA found that the emissions at issue contributed to climate change.
D)The Court dismissed the issue as moot on the basis that the EPA already recognized the dangers of global warming and was taking appropriate steps.
E)The Court dismissed the lawsuit on the basis that the states had no standing to sue.

Answer 1

C
Explanation: A)The high court and ruled that such standards should be set if the EPA finds that
these emissions contribute to climate change.This case was considered a "landmark case" because it was the first time the EPA was ordered to recognize that global warming endangers human health.
B)The high court and ruled that such standards should be set if the EPA finds that these emissions contribute to climate change.This case was considered a "landmark case" because it was the first time the EPA was ordered to recognize that global warming endangers human health.
C)The high court and ruled that such standards should be set if the EPA finds that these emissions contribute to climate change.This case was considered a "landmark case" because it was the first time the EPA was ordered to recognize that global warming endangers human health.
D)The high court and ruled that such standards should be set if the EPA finds that these emissions contribute to climate change.This case was considered a "landmark case" because it was the first time the EPA was ordered to recognize that global warming endangers human health.
E)The high court and ruled that such standards should be set if the EPA finds that these emissions contribute to climate change.This case was considered a "landmark case" because it was the first time the EPA was ordered to recognize that global warming endangers human health.

Question 2

When a plant emits particulates that fall on a person's property,defacing the house and making it difficult for family members to breathe,which of the following is a theory on which the homeowner would most likely proceed?

A)Nuisance
B)Abatement
C)Trespass
D)Negligence
E)Strict liability

Answer 2

A
Explanation: A)When a plant emits particulates that fall on a person's property,defacing the
house and making it difficult for family members to breathe,the homeowner can sue the plant's operator for nuisance.
B)When a plant emits particulates that fall on a person's property,defacing the house and making it difficult for family members to breathe,the homeowner can sue the plant's operator for nuisance.
C)When a plant emits particulates that fall on a person's property,defacing the house and making it difficult for family members to breathe,the homeowner can sue the plant's operator for nuisance.
D)When a plant emits particulates that fall on a person's property,defacing the house and making it difficult for family members to breathe,the homeowner can sue the plant's operator for nuisance.
E)When a plant emits particulates that fall on a person's property,defacing the house and making it difficult for family members to breathe,the homeowner can sue the plant's operator for nuisance.

Question 3

Lawsuits initiated in the state court systems are the primary mode of enforcement for environmental regulations.

Answer 3

False

Question 4

Underground storage tanks are not regulated in the United States.

Question 5

The government is not allowed to determine how much of a given pollutant should be emitted over the course of a year.

Question 6

Germany has a law that requires that manufacturers be responsible for their product's packaging,and the packaging may be disposed of in the public waste disposal system.

Question 7

An environmental impact statement must be filed for every single construction project,no matter how minor.

Question 8

Which of the following was the result at the U.S.Supreme Court in Bates v.Dow Agrosciences,LLC,the case in the text in which Dow filed a declaratory judgment seeking a determination that farmers' claims were preempted by the Federal Insecticide,Fungicide,and Rodenticide Act FIFRA)? The farmers had sued Dow over a pesticide that allegedly failed to perform as claimed and that damaged peanut crops.

A)The Court ruled that while the plaintiffs could proceed with claims of fraud,all other claims were preempted.
B)The Court ruled that FIFRA does not preclude states from providing a remedy to those injured as a result of a manufacturer's violation of FIFRA's labeling requirements.
C)The Court ruled that while an attempt to require that the defendant change its label was allowed under FIFRA,a claim for monetary damages was preempted.
D)The Court found that petitioners' claims alleging defective design were essentially a "disguised" failure-to-warn claim and therefore preempted.
E)The Court found that federal law preempted all the plaintiffs' claims because they essentially requested that the defendant alter its product label.

Question 9

Every environmental impact statement must contain a detailed statement that includes alternatives to a prosed action.

Question 10

The National Environmental Policy Act NEPA)was one of the first major environmental laws enacted by the United States.

Question 11

Which of the following was the result on appeal in Brodsky v.United States Nuclear Regulatory Commission,the case in the text in which the plaintiff claimed that the Nuclear Regulatory Commission erred in not producing an environmental impact statement?

A)The court determined that the agency's production of an environmental assessment and its finding of no significant impact satisfied the agency's minimal burden but that the agency was required to go beyond its minimal burden in order to meet environmental standards and that an environmental impact statement was required.
B)The court determined that the agency's refusal to conduct an environmental impact statement resulted in its failure to meet even minimal standards,and that the agency was required to reconsider the matter and prepare an environmental impact statement.
C)The court determined that while under certain circumstances the agency may forego an environmental impact statement,the plaintiff established that the agency in the present case failed to fully discuss why no adverse environmental effect was at issue which is necessary in order to forego a full environmental impact statement.
D)The court refused to reach the issue of whether a full environmental impact statement was needed because the plaintiff lacked standing to sue.
E)The court determined that the agency's production of an environmental assessment and its finding of no significant impact satisfied the agency's minimal burden to justify forgoing the environmental impact statement.

Question 12

When the government issues marketable discharge permits,firms which are easily able to reduce emissions can sell unused permits to other forms that need an allowance.

Question 13

When one person uses his or her property in a manner that unreasonably interferes with another's use and enjoyment of his or her land,a nuisance arises.

Question 14

The Toxic Substances Control Act regulates the labeling and use of pesticides.

Question 15

Violations of the Clean Air Act can result in civil penalties only.

Question 16

Phasing out environmentally harmful action through the imposition of a tax is the ultimate goal of the "polluter and user pay" approach.

Question 17

Under a subsidy system,the government gives firms tax credits,low-interest loans,and/or grants if they install pollution control devices or change their production methods to reduce harmful emissions.

Question 18

________ law is the oldest legal means of protecting the environment.

A)Administrative
B)Strict liability
C)Statutory
D)Contract
E)Tort

Question 19

The U.S has not always seen pollution as a problem.

Question 20

In setting primary and secondary National Ambient Air Quality Standards,the EPA is required to consider implementation costs.

Question 21

For a number of years which of the following has been the primary agency responsible for the passage and enforcement of federal regulations protecting the environment?

A)The Pollution Control Agency
B)The Reduce Pollutants Agency
C)The Environmental Protection Agency
D)The Discharge Avoidance Agency
E)The Pollution Reduction Agency

Question 22

Which of the following is a federal law whose purpose is to protect and improve the quality of the air through the National Ambient Air Quality Standards,mobile-source performance standards,and new-source performance standards?

A)The Clean Air Act
B)The Federal Air Quality Act
C)The Ambient Quality Air Act
D)The Uniform Air Quality Standards
E)The National Air Quality Act

Question 23

A .50 tax on each soda not sold in non-refillable container to discourage use of disposable containers is an example of:

A)Marketable discharge permits.
B)Direct regulation.
C)Green taxes.
D)Government subsidies.
E)Tort law.

Question 24

The United States Acid Rain Trading Program of 1990 set up what type of incentive for reducing acid rain?

A)Green taxes.
B)Marketable discharge permits.
C)Direct regulation.
D)Tort law.
E)Government subsidies.

Question 25

Which of the following was the result in the Case Opener,the case in which the company was found to have generated waste with excessive concentrations of PCBs?

A)That the company had no liability because it was the responsibility of the federal government to clean up the waste.
B)That the company was liable under federal law because it failed to clean up the hazardous area in a timely manner.
C)That the company was liable because it failed to monitor in a manner that would have revealed the waste in a timely manner.
D)That the company had no liability because it was the responsibility of the state government to clean up the waste.
E)That the company had no liability because it had not intentionally generated the waste.

Question 26

Referencing the National Ambient Air Quality Standards,which of the following are standards that will protect the public welfare crops,buildings,and animals)from any known or anticipated adverse effect associated with a pollutant?

A)Primary
B)Suggested
C)Required
D)Conservation
E)Secondary

Question 27

How is the appropriate remedy in a nuisance claim determined?

A)By calculating the value of misused government subsidies
B)By balancing damages and the cost of nuisance prevention
C)By the EPA's published guidelines
D)By assessing an ideal amount of green tax
E)By assessing the actual dollar amount of lost property value

Question 28

Once the administrator of the EPA establishes National Ambient Air Quality Standards,each state has ________ to draft a state implementation plan.

A)9 months
B)3 months
C)12 months
D)?18 months
E)?6 months

Question 29

A law limiting the amount of animal waste that a farmer can dump into a local river is an example of:

A)Green taxes.
B)Government subsidies.
C)Marketable discharge permits.
D)Direct regulation.
E)Tort law.

Question 30

Every ________ the EPA must review the scientific evidence to determine whether new discoveries have shown that the National Ambient Air Quality Standards should be changed.

A)Five years
B)Two years
C)18 months
D)Ten years
E)Three years

Question 31

The government determines a permissible amount of carbon emissions and issues a required number of permits to get to that amount.This is an example of :

A)Direct regulation.
B)Government subsidies.
C)Marketable discharge permits.
D)Green taxes.
E)Tort law.

Question 32

When a nuisance occurs,what remedies are available to the injured party?

A)Rezoning and permanent damages
B)Injunction or permanent damages
C)Injunction only
D)Rezoning
E)Permanent damages only

Question 33

Regulations that aim to achieve the greatest possible improvements while taking into account the existing levels of technology are known as which of the following?

A)Technology forcing
B)Application assuming
C)Technology-driven
D)Technology dependent
E)Invention dependent

Question 34

A state implementation plan established following the establishment of National Ambient Air Quality Standards must address the means by which the state is going to ensure that the pollutants in the air within its boundaries will meet the primary National Ambient Air Quality Standards within of their establishment.

A)Three years
B)Two years
C)Nine months
D)Twelve months
E)Eighteen months

Question 35

Referencing the National Ambient Air Quality Standards,________ standards are standards necessary to protect the public health,including an adequate margin of safety.

A)Primary
B)Conservation
C)Secondary
D)Required
E)Suggested

Question 36

States that did not meet National Ambient Air Quality Standards are known by which of the following terms?

A)Sick states
B)Misguided states
C)Failure states
D)Nonattainment areas
E)Marginal areas

Question 37

The government gives power plants a $10,000 reduction on their annual taxes for each pollution control device installed.The tax reduction is referred to as:

A)Marketable discharge permits.
B)Tort law.
C)Direct regulation.
D)Green taxes.
E)Government subsidies.

Question 38

If emissions standards are established for cars but the cars cannot possibly meet those emissions standards with any current technology or manufacturing processes,the new emissions standards are an example of what type of regulation?

A)Technology forcing
B)Invention dependent
C)Technology-driven
D)Application assuming
E)There are no regulations passed without known technology to implement them because such regulations would be unconstitutional.

Question 39

taxes reference the taxation of environmentally harmful activities.

A)Black
B)Red
C)Lime
D)Green
E)Lemon

Question 40

Which of the following,if any,references regulations passed primarily on health considerations with the assumption that once standards have been established,industries will be forced to develop the technology to meet the standards?

A)Invention dependent
B)Technology-driven
C)Application assuming
D)Technology forcing
E)There are no regulations passed without known technology to implement them because such regulations would be unconstitutional.

Question 41

Which of the following regulates any chemicals or mixtures whose manufacture,processing,distribution,use,or disposal may present an unreasonable risk of harm to human health or the environment?

A)The Health and Environment Control Act
B)The Hazardous Chemical Act
C)The Federal Insecticide,Fungicide,and Rodenticide Act
D)The Toxic Substances Control Act
E)The Illegal Toxic Substances Act

Question 42

Which of the following was passed to 1)clean up existing hazardous sites and 2)respond to hazardous material spills?

A)The Hazardous Waste Disposal Act
B)The Resource Conservation and Recovery Act
C)The Federal Hazardous Waste Act
D)The Authorized Disposal Waste Act
E)The Comprehensive Environmental Response,Compensation and Liability Act

Question 43

For which project would an EIS be required?

A)The construction of a large nuclear power plant bordering Yellowstone National Park which congress has proposed.
B)The expansion of a playground by a local township.
C)The expansion by a local township from a one room courthouse to a two room courthouse.
D)The construction of a residential home in a neighborhood where it is believed there are wild deer.
E)The construction of a new "mother-in-law apartment" behind an existing home.

Question 44

Under the ________ program,generators of hazardous waste must maintain records that list the amount and type of all hazardous waste produced,how it is to be transported,and how it will ultimately be disposed.

A)Specific
B)Waste
C)Permit
D)Manifest
E)Hazardou s

Question 45

Which of the following is false regarding the management of nonhazardous solid waste?

A)The federal government requires that each state has a solid waste management plan that must include provisions for encouraging resource conservation or recovery.
B)The federal government provides technical assistance to the states for the management of nonhazardous waste.
C)Managing nonhazardous solid waste is the responsibility of the federal government,not the states.
D)The federal government provides financial assistance to the states for the management of nonhazardous waste.
E)The federal government sets national standards for municipal solid waste landfills.

Question 46

Which of the following enforces the Resource Conservation and Recovery Act?

A)The Hazardous Response Commission
B)The Environmental Waste Agency
C)The Hazardous Waste Administration
D)The Clean Earth Foundation
E)The Environmental Protection Agency

Question 47

Blackstone Chemical spills polluted water into a local river and is ordered to clean up the pollution.Under what law or regulation does the cleanup order originate from?

A)The Resource Conservation and Recovery Act
B)The Federal Hazardous Waste Act
C)The Hazardous Waste Disposal Act
D)The Authorized Disposal Waste Act
E)The Comprehensive Environmental Response,Compensation and Liability Act

Question 48

The federal law that protects the quality of the water we drink is .

A)The Water Use Act
B)The Water Safety Act
C)The Federal Water Pollution Control Act
D)The Safe Drinking Water Act
E)The Water Control Act

Question 49

Handling waste from creation through disposal is the focus of which of the following acts?

A)The Hazardous Waste Disposal Act
B)The Authorized Disposal Waste Act
C)The Resource Conservation and Recovery Act
D)The Federal Hazardous Waste Act
E)The Comprehensive Environmental Response,Compensation and Liability Act

Question 50

An Environmental Impact Statement should contain which of the following items?

A)Expected profit of the project over a five-year span.
B)The number and type of jobs the project would create.
C)The number of federal contractors involved along with a projection on the effect of the local economy.
D)Expected short-term profit of the project.
E)Alternatives to the proposed action.

Question 51

What are the 1972 amendments to the Federal Water Pollution Control Act commonly called?

A)The Navigable Water Act
B)The Clean Water Act
C)The Remedial Water Act
D)The Clean-Up Water Act
E)The Ambient Quality Water Standards

Question 52

Which of the following is an example of a pollutant covered by the 1990 Air Toxics Program?

A)H20.
B)Asbestos.
C)Sodium.
D)CAAs.
E)MACTs.

Question 53

Regarding federal regulation of toxic substances,which of the following statements is accurate?

A)The Toxic Substances Control Act is the only federal act regulating toxic substances.
B)The primary federal acts for regulating toxic substances are The Hazardous Chemical Act and The Toxic Substances Control Act.
C)Three federal acts regulate toxic substances: The Hazardous Chemical Act,the Toxic Substances Control Act,and The Pesticide Regulation Act.
D)The Federal Insecticide,Fungicide,and Rodenticide Act is the only federal act regulating toxic substances.
E)The primary federal acts for regulating toxic substances are the Toxic Substances Control Act and the Federal Insecticide,Fungicide,and Rodenticide Act.

Question 54

The federal law that protects the quality of water in navigable waterways is .

A)The Water Control Act
B)The Water Use Act
C)The Safe Navigation Act
D)The Water Conservation Act
E)The Federal Water Pollution Control Act

Question 55

The goals permit and discharge limits set out in the Clean Water Act are ________ goals.

A)Application-assuming
B)Technology-dependent
C)Technology-forcing
D)Technology-driven
E)Invention-dependent

Question 56

Which of the following is required of industries emitting pollutants covered by the 1990 Air Toxics Program?

A)That the industries phase in the use of pollution control equipment for the pollutants that meets the maximum achievable control technology standard.
B)That the industries phase in the use of pollution control equipment for the pollutants that results in at least a 30% reduction in the pollutants each year.
C)That the industries phase in the use of pollution control equipment for the pollutants that results in at least a 50% reduction in the pollutants each year.
D)That the industries phase in the use of pollution control equipment for the pollutants that meets the maximum affordable control standard.
E)That the industries phase in the use of pollution control equipment for the pollutants that results in at least a 5% reduction in the pollutants each year.

Question 57

Under the Safe Drinking Water Act,which of the following is considered a public water supply system?

A)A water supply system that has at least 15 service connections or serves 25 or more persons.
B)A water supply system that has at least 30 service connections or serves 10 or more persons.
C)A water supply system that has at least 10 service connections or serves 50 or more persons.
D)A water supply system that has at least 35 service connections and serves 30 or more persons.
E)A water supply system that has at least 25 service connections or serves 55 or more persons.

Question 58

Which Act or regulation protects wetlands?

A)The Remedial Water Act
B)The Ambient Quality Water Standards
C)The Navigable Water Act
D)The Clean-Up Water Act
E)The Clean Water Act

Question 59

Under what circumstances,if any,does the Environmental Protection Agency give a state the first opportunity to prosecute violators of the Resource Conservation and Recovery Act?

A)When the state has set up its own program for managing hazardous waste that is at least as stringent as the federal program.
B)When the state has reduced hazardous waste production at least 5% per year for each of the previous three years.
C)When the state has reduced hazardous waste production at least 10% per year for each of the previous three years.
D)When the state has stronger criminal penalties for violation of its hazardous waste laws than does the Resource Conservation and Recovery Act.
E)The Environmental Protection Agency never gives a state the first opportunity to prosecute violators of the Resource Conservation and Recovery Act.

Question 60

A company purposefully disposes of toxic chemicals into the water supply for a nearby township.What penalties could the company face under the Clean Water Act?

A)A maximum $1 million fine.
B)Jail time only
C)A civil lawsuit only
D)A maximum $250,000 criminal fine
E)A maximum $25,000 per day fine.

Question 61

Establishing the procedures that must be followed whenever a new chemical is about to be introduced into the market is the primary goal of which of the following acts?

A)The Illegal Toxic Substances Act
B)The Toxic Substances Control Act
C)The Federal Insecticide,Fungicide,and Rodenticide Act
D)The Health and Environment Control Act
E)The Hazardous Chemical Act

Question 62

Which treaty significantly reduced and,in some countries banned,the use of Ozone-depleting air pollutants?

A)The Marine Pollution Prevention Protocol
B)The Montreal Protocol.
C)The Eastern pacific Ocean Tuna Fishing Agreement.
D)The Convention on International Trade in Endangered Species.
E)MARPOL.

Question 63

Is Leo correct that there are no criminal penalties under the Clean Air Act?

A)Yes,he is correct.
B)No,he is incorrect;and although violators are not subject to imprisonment under the act,parties that knowingly violate the act can be subject to criminal fines of up to $1 million per day.
C)No,he is incorrect;and criminal penalties include the provision that parties who knowingly violate the act can be subject to criminal fines of up to $1 million per day,and corporate officers are also potentially subject to imprisonment for up to two years for violating certain provisions of the act.
D)No,he is incorrect;and criminal penalties include the provision that parties who knowingly violate the act can be subject to criminal fines of up to $1 million per day,and corporate officers are also potentially subject to imprisonment for up to five years for violating certain provisions of the act.
E)No,he is incorrect;and criminal penalties include the provision that parties who knowingly violate the act can be subject to criminal fines of up to $1 million per month,and corporate officers are also potentially subject to imprisonment for up to two years for violating certain provisions of the act.

Question 64

Which treaty helps regulate the harvest of a certain fish by granting licenses only to fishermen catching fish within 200 miles of the costs of signatories to the treaty?

A)The Marine Pollution Prevention Protocol
B)The Montreal Protocol.
C)MARPOL.
D)The Convention on International Trade in Endangered Species.
E)The Eastern Pacific Ocean Tuna Fishing Agreement.

Question 65

Which of the following regulates pesticides?

A)The Illegal Toxic Substances Act
B)The Health and Environment Control Act
C)The Toxic Substances Control Act
D)The Hazardous Chemical Act
E)The Federal Insecticide,Fungicide,and Rodenticide Act

Question 66

Regarding Sean's statement that swimming is not a concern of the government,which of the following is accurate?

A)Sean is partially correct.Swimming may be a concern of the states,but such swimming is not a concern of the federal government because it does not directly affect harm through,for example,drinking contaminated water.
B)Sean is incorrect.
C)Sean is correct.
D)Sean is incorrect only if it can be established that the area was designated as an official tourist destination.
E)Sean is incorrect only if it can be established that swimmers were incurring physical symptoms such as rashes.

Question 67

Regarding Sean's statement that the state had no authority over any pollution for which his company was responsible,which of the following is accurate?

A)Sean is correct.
B)While enforcement authority under the Clean Water Act is left primarily with the federal government,the state government also has the authority to monitor,inspect,and enforce.
C)Only the state has the power to enforce the Clean Water Act.
D)While enforcement authority under the Clean Water Act is left primarily with the federal government,the state government has the authority to monitor although other powers are lacking.
E)Enforcement of such violations under the Clean Water Act is left primarily to the states.

Question 68

Prohibiting the international trade of endangered plants and animals is the purpose of which of the following treaties?

A)The Endangered Plants and Animals Agreement
B)The Humane Protection Agreement
C)The Convention on International Trade in Endangered Species
D)The Endangered Species Treaty
E)The International Endangered Plants and Animals Protocol

Question 69

Which treaty requires signatory nations to adopt laws aimed at preventing,reducing and controlling any significant pollution of the marine environment?

A)The Eastern Pacific Ocean Tuna Fishing Agreement.
B)The Convention on International Trade in Endangered Species.
C)The Stockholm Convention on Persistent Organic Pollutants
D)MARPOL.
E)The Montreal Protocol.

Question 70

Which of the following treaties has attempted to find a way to limit the emissions of greenhouse gases?

A)The Global Warming Agreement
B)The Treaty for Amazonian Cooperation
C)The Kyoto Agreement
D)The Greenhouse Reduction Treaty
E)The Global Protection Treaty

Question 71

Troy Chemical Company is about to introduce a new chemical into the market.What regulation applies to Troy Chemical's new product?

A)The Health and Environment Control Act
B)The Illegal Toxic Substances Act
C)The Federal Insecticide,Fungicide,and Rodenticide Act
D)The Toxic Substances Control Act
E)The Hazardous Chemical Act

Question 72

Glue-off is a popular chemical for removing glue,but it could present a significant risk to human health if it is used or disposed of improperly.What laws or regulations would Glue-off be regulated under?

A)The Health and Environment Control Act
B)The Hazardous Chemical Act
C)The Federal Insecticide,Fungicide,and Rodenticide Act
D)The Illegal Toxic Substances Act
E)The Toxic Substances Control Act

Question 73

Which of the following Is NOT a requirement under FIFRA before a pesticide can be sold in the United States?

A)Manufacturer data demonstrates it can perform its intended function
B)It must be properly labeled
C)It must be registered
D)It must be demonstrated to pose absolutely no risk to human health or the environment
E)Its composition must warrant the claims made for it

Question 74

[Air Improvement] Malia is very annoyed because a business near her neighborhood has an incinerator that regularly releases pollutants.She discussed the matter with her local city council representative,Leo,who told her that only the federal government can enforce laws involving pollutants;that the government has done so through the establishment of National Ambient Air Quality Standards;and that there is nothing she as an individual can do.Malia tells the council representative that she considers the emissions criminal.Leo just shrugs and replies that industry is never subject to criminal penalties under the Clean Air Act and that only the government can enforce the Clean Air Act anyway.
Is Leo correct that only the federal government can enforce the Clean Air Act?

A)Yes,he is correct.
B)No,he is incorrect because the federal government,individuals,or state environmental agencies may enforce the Clean Air Act regulations involving carbon monoxide emissions.
C)No,he is incorrect because only the states may enforce the Clean Air Act.
D)No,he is incorrect because either the federal government or state environmental agencies may enforce the Clean Air Act.
E)No,he is incorrect because only the states or individuals may enforce the Clean Air Act.

Question 75

Does Malia have a recourse through any action under common law that would be likely to provide her some relief?

A)Yes,an action for trespass.
B)A common law action for environmental assault would be available but only if Malia could establish personal injury.
C)Yes,an action for nuisance.
D)A common law action for environmental assault would be available but only if Malia could establish personal injury and also reduced property value.
E)Yes,an action for annoyance.

Question 76

Under FIFRA,what happens if a pesticide cannot perform its intended function without unreasonable risks to human health or the environment?

A)The pesticide will be sold to the public anyway,with a warning label
B)The pesticide will not be approved for sale
C)The pesticide will become a controlled substance and possession will result in criminal prosecution.
D)The pesticide will be given a restricted use registration
E)The pesticide will be sold to the public anyway,but only if it treats a pest which carries the risk of spreading disease.

Question 77

Significantly reducing,and in some countries banning,the use of ozone-depleting air pollutants is the purpose of which of the following treaties?

A)The Ozone Protection Agreement
B)The Eastern Pacific Agreement
C)The United Nations Ozone Depletion Treaty
D)The Tokyo Protocol
E)The Montreal Protocol

Question 78

[Smelly Lake] Emilio,who lives on a navigable lake,is unhappy because he believes that a local company is dumping pollutants into the lake,resulting in harm to his property and causing horrible odors.No one swims in the lake anymore.He calls a company official,Sean,who tells him to mind his own business.Sean tells him that the state has no authority,that federal investigators do not have time for Emilio's small smelly lake,that swimming is not a concern of the government,and that any federal penalties are negligible.Emilio tells Sean that he is pushing for big penalties and that Sean is likely to end up in jail.Sean just laughs.
Assuming that Sean's company is engaged in pollution,which of the following identifies the source?

A)Specified
B)Point
C)Identified
D)Standard
E)Specific

Question 79

A company develops a new mosquito spray aimed at destroying Zika-carrying mosquitos.What will it be regulated under?

A)The Illegal Toxic Substances Act
B)The Federal Insecticide,Fungicide,and Rodenticide Act
C)The Hazardous Chemical Act
D)The Marine Protection,Research,and Sanctuaries Act
E)The Health and Environment Control Act

Question 80

In a recent study that ranked 142 countries in terms of environmental health,what was the rank given to the U.S.?

A)The U.S.was ranked last.
B)The U.S.was ranked 10th.
C)The U.S.was not ranked in the top 40.
D)The U.S.was ranked 1st.
E)The U.S.was not ranked in the top 100.