Deck 22: Environmental Law

Question 1

The EPA was created by order in to mount an integrated, coordinated attack on pollution.

A) legislative; 1953
B) executive; 1973
C) judicial; 1962
D) legislative; 1981

Answer 1

B

Question 2

A battery cell manufacturer has been disposing its hazardous wastes into a local water body. This waste has seeped into the ground water table and contaminated it. Residents in the area have been falling ill due to water poisoning. The residents can file an action based on against the battery cell manufacturer.

A) nuisance
B) invasion of privacy
C) negligence
D) assault

Answer 2

C

Question 3

The federal agency charged with the responsibility for conducting an integrated, coordinated attack on all forms of pollution of the environment is the .

A) Environmental Protection Agency (EPA)
B) Global Environment Facility (GEF)
C) Department of Environmental Management (DEM)
D) Center for International Environmental Law (CIEL)

Answer 3

A

Question 4

Describe the various alternatives to direct regulation and state the problems with each of them.

Question 5

The primary problem with the government subsidies approach is that when a subsidy is for less than 100 percent of the cost, the firm that limits its pollutants must still pay the difference between the actual cost and the subsidy.

Question 6

Which of the following is the primary method of controlling pollution today?

A) nuisance actions
B) negligence actions
C) incentives to businesses
D) direct regulation

Question 7

Nuisance actions are used primarily as a way for plaintiffs to .

A) stop pollution entirely
B) recover damages for their losses caused by pollution
C) present the true costs that the polluting behavior is imposing on the community
D) convince the courts to use their authority to move the industries that cause pollution to an isolated location

Question 8

Which of the following best illustrates a technology-driven standard set by direct regulation?

A) a regulation that requires air filters to be set on high instead of low in order to give out cleaner air
B) a regulation that requires the contaminants in water to be at a particular level so that it is potable
C) a regulation that requires air quality in a city to be at a level so that the number of asthma cases will continue to decrease
D) a regulation that requires the smoke from a factory to be filtered so that it minimizes the chances of lung disease in children

Question 9

Which of the following is a feature of the marketable discharge permits approach?

A) The government sells a common permit to a polluter to discharge any type of pollutant.
B) Polluters would be encouraged to reduce their emissions because this reduction would enable them to keep their permits.
C) The government actually limits the total amount of pollution through the permits.
D) The government issues more permits once a certain amount of emissions has been authorized.

Question 10

Negligence actions involving hazardous materials are often difficult to prosecute successfully, primarily because .

A) defenses such as comparative negligence are unavailable
B) they are not as serious as nuisance actions
C) the element of causation is easy to prove
D) many of the pollutants do not cause immediate harm

Question 11

Technology-forcing standards assume that once standards have been established, the industries will be forced to develop the technology needed to meet the standards.

Question 12

Which of the following best illustrates a technology-forcing standard set by direct regulation?

A) a regulation that requires air filters to be set on high instead of low
B) a regulation that requires air filters to be inspected annually
C) a regulation that requires air quality in a city to be at a predetermined level so that the number of asthma cases will decrease
D) a regulation that requires a factory smokestack to be built above a particular height

Question 13

Like other areas of administrative law, environmental law is primarily made up of regulations passed by a _ agency operating under the guidance of mandates.

A) federal; executive
B) state; judicial
C) federal; legislative
D) state; executive

Question 14

The availability of defenses, such as contributory or comparative negligence, helps improve the effectiveness of the negligence tort.

Question 15

Omar lives in the vicinity of a coal refinery. The pollutants from the refinery deposit a coat of soot on everything in the surrounding areas. In order to regulate the pollution from the refinery, Omar can file an action based on .

A) nuisance
B) invasion of privacy
C) inflicted distress
D) assault

Question 16

Which of the following torts was first used in an attempt to regulate pollution?

A) assault
B) intentional infliction of emotional distress
C) nuisance
D) invasion of privacy

Question 17

Which of the following is primarily responsible for enforcing environmental regulations?

A) state courts
B) federal courts
C) the Congress
D) administrative agencies

Question 18

Which of the following is true of the emission charges approach?

A) The emission charges approach is simply to charge the polluter a variable fee based on every unit of pollutant discharged.
B) The firms paying the charges will continue to emit pollutants that will be easy to clean up with the fees collected.
C) Due to the value of the charge, this approach prevents pollution in the first place.
D) It is difficult to monitor every discharge of the pollutant and calculate the amount for each unit of the various pollutants.

Question 19

Technology-driven standards try to achieve the greatest improvements possible with new levels of technology.

Question 20

Technology-forcing standards are set primarily on the basis of _.

A) environmental concerns
B) health considerations
C) current innovations
D) current technology

Question 21

Which of the following is the reason for the U.S. Congress placing control of all types of environmental problems under one agency?

A) The Congress wanted the largest environmental agency to have complete control.
B) The Congress wanted the attack on pollution to be integrated.
C) The Congress wanted to achieve economies of scale.
D) The Congress wanted to increase the flow of scientific knowledge between the environmental agency and other agencies.

Question 22

One area of special concern to business managers, especially since 1990, has been the EPA's use of sanctions, including incarceration, to enforce environmental laws.

A) quasi-judicial
B) criminal
C) legislative
D) civil

Question 23

The is regarded by many as the United States' most influential piece of environmental legislation.

A) National Environmental Policy Act of 1970
B) Pollution Prevention Act of 1990
C) National Emissions Standards Act of 1965
D) Environmental Quality Improvement Act of 1970

Question 24

In order to satisfy the EPA's policy statement mandate to look for conduct, the EPA looks for a history of repeated violations, concealment of misconduct, falsification of required records, tampering with monitoring or controlling equipment, and failing to obtain required licenses or permits.

A) culpable
B) negligent
C) reckless
D) intentional

Question 25

Since 1994, the EPA has been operating under a policy statement issued to guide its special agents in their enforcement activities. Under this policy, the agents are to look for " environmental harm" and " conduct."

A) discernible; negligent
B) significant; culpable
C) fundamental; reckless
D) measurable; intentional

Question 26

The EPA's Final Policy on Penalty Reductions encourages firms to engage in environmental self-auditing.

Question 27

What is the primary purpose of the National Environmental Policy Act of 1970?

A) to provide subsidies to environmental agencies
B) to create teams that would oversee the progress of regulatory agencies
C) to reform the process by which regulatory agencies make decisions
D) to define and clarify ambiguous rules and regulations of environmental agencies

Question 28

Title of the National Environmental Policy Act requires the preparation of an Environmental Impact Statement (EIS) for every major legislative proposal or agency action that would have a significant impact on the quality of the human environment.

A) I
B) II
C) III
D) IV

Question 29

The EPA was created by judicial order in 1962 to mount an integrated, coordinated attack on pollution in the areas of air, water, solid waste, pesticides, radiation, and toxic substances.

Question 30

Dexxon Inc. is a petrochemical company. The manager of the company was being questioned by the Environmental Protection Agency (EPA) with regard to the factory releasing criteria pollutants into the atmosphere. He admitted to the EPA that the company had falsified its financial records and tampered with the monitoring equipment. He also stated that the company would take suitable measures to correct it. Based on this scenario, the EPA's Final Policy on Penalty Reductions encouraged Dexxon Inc. to engage in .

A) environmental policy making
B) restricting pollution
C) reducing emission charges
D) environmental self-auditing

Question 31

Which of the following is not a recognized element of a successful environmental auditing program?

A) explicit senior management support for environmental auditing and the willingness to follow up on the findings
B) an environmental auditing function independent of audited activities
C) adequate auditor training and staffing
D) a "bottom line" analysis of the proposed auditing program

Question 32

Criminal cases involving environmental laws are tried by .

A) the Environmental Protection Agency
B) the U.S. Justice Department
C) the House Congressional Subcommittee on Air, Water and Land Pollution
D) state administrative agencies charged with the responsibility of pollution control

Question 33

The reason for placing control of all types of environmental problems within one agency was to ensure that the attack on pollution would be .

A) subrogated
B) integrated
C) bifurcated
D) multidimensional

Question 34

Which of the following is not a recognized element of a successful environmental auditing program?

A) an explicit audit program, with objectives, scope, resources, and frequency
B) a generational projection of the objectives, strategies, and courses of action of the Environmental Protection Agency
C) a process that includes specific procedures to promptly prepare candid, clear, and appropriate written reports on audit findings, corrective actions, and schedules for implementation
D) a process that collects, analyzes, interprets, and documents information sufficient to achieve audit objectives

Question 35

The Environmental Protection Agency (EPA) is one of the smallest federal agencies, having approximately 7,384 employees as of the year 2011.

Question 36

List the elements of a successful environmental auditing program.

Question 37

The EPA was created in order to address all but which of the following forms of pollution?

A) pesticides
B) cultural
C) radiation
D) toxic substances

Question 38

The EPA's Final Policy on Penalty Reductions encourages firms to engage in environmental self- .

A) actualization
B) realization
C) auditing
D) reporting

Question 39

The Office of takes on the tough responsibility of deciding which polluters will be taken to court.

A) Compliance
B) Pollution Control
C) Regulatory Enforcement
D) Environment Protection

Question 40

The EPA was created in order to address all but which of the following forms of pollution?

A) air
B) water
C) noise
D) solid waste

Question 41

Maximum contaminant levels (MCLs) are developed from the maximum contaminant level goals (MCLGs), but also take into account the .

A) purity of the water in its natural state
B) importance of the industry to the community
C) number of fatalities from impure water during the preceding calendar quarter
D) feasibility and cost of meeting the primary standard

Question 42

Describe the Safe Drinking Water Act.

Question 43

Which of the following pollutants contribute to the formation of acid rain?

A) lead
B) carbon monoxide
C) ozone
D) sulfur dioxide

Question 44

Which of the following is a continuing problem under the National Environmental Policy Act?

A) interpreting what is meant by adverse environmental effects
B) interpreting what is meant by environmental impacts
C) interpreting what is meant by human environment
D) interpreting what is meant by long-term productivity

Question 45

The purpose of the Federal Water Pollution Control Act is to ensure the .

A) quality of water in the waterways
B) quality of the drinking water
C) quality of the water for domestic purposes
D) reduction of hazardous wastes and toxic substances in all water bodies

Question 46

An EIS is required when three elements are present. First, the action in question must be federal. Second, the proposed activity must be discernible. Finally, the proposed activity must have a measurable impact on the overall environment.

Question 47

Which of the following is a feature of maximum contaminant level goals (MCLGs)?

A) They are enforceable.
B) They are the levels at which there are no potential adverse health effects.
C) They are the levels at which goals are based on environmental concerns.
D) They take into account the feasibility and cost of meeting the standard.

Question 48

The National Environmental Policy Act of 1970 (NEPA) is regarded by many as the country's most influential piece of environmental legislation.

Question 49

The goals of the 1972 amendments to the Federal Water Pollution Control Act were to be achieved through a system of .

A) levying emission charges only
B) levying emission charges and marketable discharge permits
C) permits and effluent discharge limitations
D) direct regulation

Question 50

Under the Federal Water Pollution Control Act, discharges without a permit or in amounts in excess of those allowed by the permit may result in the imposition of criminal penalties.

Question 51

As defined by the Safe Drinking Water Act, a public water system is one that has at least service connections or serves or more persons.

A) 3; 5
B) 9; 12
C) 15; 25
D) 50; 100

Question 52

Which of the following is provided by the "right to know" provisions of the Safe Drinking Water Act?

A) the right of point source polluters to receive notice of a hearing
B) the right of consumers to obtain Environmental Protection Agency records
C) the right of households to receive annual reports on water contaminants and resulting health problems
D) the right to free flow of scientific information between the Environmental Protection Agency and the public drinking water suppliers

Question 53

An Environmental Impact Statement (EIS) is a statement that must be prepared for every major federal activity that would significantly affect the quality of the human environment.

Question 54

State the threshold considerations required for an Environmental Impact Statement.

Question 55

Which of the following terms refers to the maximum allowable amounts of pollutants that can be discharged from a point source within a given time period?

A) point emissions
B) effluent limitations
C) threshold limitations
D) maximum emissions

Question 56

According to the Safe Drinking Water Act, which of the following drinking water standards must be established by the Environmental Protection Agency for drinking water contaminants?

A) primary standards to protect human health and secondary standards to protect aesthetic quality of drinking water
B) primary standards to protect agriculture and secondary standards to protect recreational water
C) primary standards to protect recreational water and secondary standards to protect human health
D) primary standards to protect water used for health care facilities and secondary standards to protect water used by commercial establishments

Question 57

Water pollution today is controlled only by the Safe Drinking Water Act (SDWA).

Question 58

Point sources are distinct places from which pollutants can be drawn out of navigable water.

Question 59

Which of the following pollutants causes poor coordination and lack of alertness?

A) lead
B) nitrogen oxide
C) carbon monoxide
D) sulfur dioxide

Question 60

According to the National Environmental Policy Act of 1970, what must be included in an Environmental Impact Statement?

Question 61

In 2004, environmental groups blamed the for the increase in toxic chemicals released into the environment.

A) lack of awareness of environmental problems
B) increase in global warming
C) lax standards of the Bush administration
D) lax standards of the Environmental Protection Agency

Question 62

Acid rain is caused by .

A) gaps in the atmospheric ozone layer caused by the release of chlorofluorocarbons
B) excessive ozone emissions from automobile exhausts
C) emissions of sulfur dioxide and nitrogen oxides from the burning of fossil fuels by electric utilities
D) emissions of carbon monoxide and lead from the refining of heavy metals, coal, and other carbon compounds

Question 63

According to the National Ambient Air Quality Standards (NAAQS), the primary and secondary standards are the same for sulfur dioxide.

Question 64

The primary standards of the National Ambient Air Quality Standards (NAAQSs) are designed to .

A) define all of the criteria pollutants
B) reduce conventional air pollutants
C) separate the criteria pollutants from the non-pollutants
D) protect public health

Question 65

Which of the following best describes the relationship between primary and secondary ambient air quality standards?

A) If the primary standards are met within three years of creation of a state implementation plan, then the secondary standards need not be met.
B) Both the primary and secondary standards must be met within five years of their creation.
C) The primary standards must be met within three years of the creation of a state implementation plan, and the secondary standards must be met within a reasonable time.
D) The primary standards must be met within a year of their creation, and the secondary standards must be met as soon as economically feasible.

Question 66

The 1986 Resource Conservation and Recovery Act amendment requires that companies report the amount of hazardous chemicals they release into the environment _.

A) monthly
B) quarterly
C) biannually
D) annually

Question 67

To alleviate the problems created by improper waste disposal, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) authorized the creation of the .

A) response fund
B) general fund
C) Megafund
D) Superfund

Question 68

The Resource Conservation and Recovery Act's manifest program refers to the .

A) filtering of water that is manifestly unclean
B) installation of smokestack scrubbers to reduce emissions
C) regulations for the proper transportation and disposal of hazardous wastes
D) Environmental Protection Agency's program of auctioning sulfur dioxide emission allowances

Question 69

The primary effect of the 1984 and 1986 amendments to the Resource Conservation and Recovery Act was to .

A) make landfills a last resort for the disposal of many types of waste
B) have safer transportation for hazardous waste
C) create more efficient storage facilities for hazardous waste
D) provide licenses for producers and transporters of hazardous waste

Question 70

What are primary and secondary National Ambient Air Quality Standards (NAAQS)?

Question 71

Under the Toxic Substances Control Act (TSCA) of 1979, every manufacturer of a new chemical must give the Environmental Protection Agency a .

A) pre-manufacturing notice (PMN) at least 90 days before the first use of the substance in commerce
B) state implementation plan (SIP) at least 90 days before the first use of the substance in commerce
C) pre-manufacturing notice (PMN) at least 60 days before the first use of the substance in commerce
D) state implementation plan (SIP) at least 60 days before the first use of the substance in commerce

Question 72

The Resource Conservation and Recovery Act of 1976 regulates only nonhazardous waste.

Question 73

Which of the following is true of sulfur dioxide allowances?

A) Firms holding allowances cannot bank their allowances for a year.
B) A holder can substitute benzene for sulfur dioxide.
C) Firms holding allowances cannot sell their allowances to other firms.
D) A holder can emit one ton of sulfur dioxide for each allowance.

Question 74

Which of the following is true of the registration system used to control pesticide use?

A) A pesticide with general use registration can only be sold with usage restrictions.
B) Registration for a pesticide is good only for a year, at which time the manufacturer must apply for a new registration.
C) A pesticide will not be registered if its composition warrants the claims made for it.
D) A pesticide will be registered if its label complies with the Federal Insecticide, Fungicide, and Rodenticide Act.

Question 75

The Resource Conservation and Recovery Act of 1976 (RCRA) focuses on the .

A) installation of new pollution control technology in new stationary sources
B) treatment, storage, and disposal of hazardous waste
C) auctioning of carbon monoxide allowances
D) elimination of lead from automobile exhaust

Question 76

In the context of the enforcement of the Resource Conservation and Recovery Act, if the state fails to act within days, the Environmental Protection Agency takes action to enforce the state's requirements.

A) 15
B) 30
C) 45
D) 60

Question 77

Which of the following actions follows the establishment of a Natural Ambient Air Quality Standard (NAAQS)?

A) Each city has nine months to meet the standard.
B) Each state has nine months to establish a state implementation plan.
C) Each point source polluter has thirty days to reduce contaminant levels to the maximum permissible.
D) Each environmental impact statement must include the new standard.

Question 78

Under the 1996 Food Quality Protection Act, a safe level is one at which there is a reasonable certainty of no harm from exposure to a pesticide.

A) disposal
B) interaction
C) residue
D) exposure

Question 79

The is a fund set up to cover the costs of cleaning up hazardous waste disposal sites whose owners cannot be found or are unwilling or unable to pay for the cleanup.

A) response fund
B) Superfund
C) general fund
D) Megafund

Question 80

Environmental groups expressed strong opposition to proposed modifications of the that would have allowed major utility plant modifications to be classified as routine maintenance.

A) New Source Review program
B) Uniform Emission Standards program
C) New Motor Vehicles program
D) National Uniform Emissions Standards program