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[Smelly Lake] Emilio, Who Lives on a Navigable Lake, Is

Question 52

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[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.
-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) 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.
B) 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.
C) Sean is correct.
D) Only the state has the power to enforce the Clean Water Act.
E) Enforcement of such violations under the Clean Water Act is left primarily to the states.

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