Deck 46: A: Environmental Law

Question 1

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

Answer 1

False

Question 2

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

Answer 2

True

Question 3

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

Answer 3

False

Question 4

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

Question 5

Under the National Pollutant Discharge Elimination System,firms that have discharge permits need not monitor their own performance.

Question 6

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

Question 7

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

Question 8

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

Question 9

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

Question 10

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

Question 11

Cities and counties may not restrict emissions from motor vehicles.

Question 12

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

Question 13

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

Question 14

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

Question 15

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

Question 16

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

Question 17

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

Question 18

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

Question 19

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

Question 20

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

Question 21

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 22

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 23

The Social Security Administration hires Thorough Paving,Inc. ,to repave a parking lot.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 24

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 25

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 state?ment is most likely

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

Question 26

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 27

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 28

Green River Energy Corporation wants to begin operations that include the discharge of waste into navi?gable 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 29

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 30

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 31

The operations of Metal Refining Industries,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 32

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 33

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 34

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 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 35

Fact Pattern 46-1B
Rock Mining Company operates a gravel pit next to Sid's residence.Sid files a suit against Rock,alleging that the pit is a nuisance and unreasonably inter?feres with Sid's enjoyment of his property.
Refer to Fact Pattern 46-1B.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 36

Fact Pattern 46-1B
Rock Mining Company operates a gravel pit next to Sid's residence.Sid files a suit against Rock,alleging that the pit is a nuisance and unreasonably inter?feres with Sid's enjoyment of his property.
Refer to Fact Pattern 46-1B.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 37

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 38

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 39

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 40

Midwest Power Corporation wants to build a nuclear 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 41

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

Question 42

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 pol?luted.The EPA investigates and discovers that the sources of the pollu?tion are leaks of hazardous waste from what is now the Price Rite prop?erty.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?