Deck 25: Environmental Law

Question 1

An environmental impact statement includes a formal analysis of the impact of any major federal action that will significantly affect the environment.

Answer 1

True

Question 2

A business that engages in the transportation of radioactive materials is strictly liable for any injuries the activities cause only if the injured party proves that the business failed to exercise reasonable care.

Answer 2

False

Question 3

National effluent (pollution) standards are set by each affected industry.

Answer 3

False

Question 4

The federal act that provides the basis for issuing regulations to control multistate air pollution covers only mobile sources.

Question 5

Many point sources emitting pollutants into water do not need a permit.

Question 6

Under the nuisance doctrine, a person may be held liable for complaining about another's use of his or her property.

Question 7

Smelting and other industrial processes may emit substances classified as hazardous, but house painting and other small business activities do not.

Question 8

One of the main goals of the Clean Water Act is to make water safe for the discharge of pollutants.

Question 9

A federal agency must file an environmental impact statement for an action even if, according to the agency, the action will have no significant effect on the environment.

Question 10

Persons who provide information about violators of the Clean Air Act may be paid up to $10,000.

Question 11

A citizen can sue to enforce an environmental regulation, or to obtain the regulation of a pollutant, if the government fails to act.

Question 12

The federal Clean Air Act does not establish specific emissions standards for each air hazardous pollutant.

Question 13

Cities and counties may impose rules regulating methods of wastes removal.

Question 14

An individual injured by pollution may be denied injunctive relief if the injunction would impose greater hardships on the polluter and the community than the harm suffered by the plaintiff.

Question 15

Because the government knows CO₂ pollution causes climate change, plaintiffs might succeed in a suit alleging that by failing to address this cause the government is violating their constitutional rights.

Question 16

The primary responsibility for implementing air-quality standard for stationary sources rests with the federal government.

Question 17

Those who knowingly violate the Clean Air Act may be subject to civil penalties but not criminal penalties.

Question 18

To obtain relief under the nuisance doctrine, a property owner may have to identify a distinct harm separate from that affecting the general public.

Question 19

A business that believes a federal agency's action threatens the environment can use an environmental impact statement as a means to challenge it.

Question 20

Employees might sue an employer whose failure to use pollution controls contaminated the air and caused the employees to suffer respiratory illnesses.

Question 21

A constant tension between the desire for profits and productivity and the desire to protect the environment exists because

A) environmental pollution causes many premature deaths each year.
B) environmental regulations affect domestic and foreign corporations.
C) the traditional focus has been on the growth of industries.
D) the costs of complying with environmental regulations are high.

Question 22

Wetlands may be filled or dredged without a permit from the U.S. Army Corps of Engineers.

Question 23

Suppliers of drinking water are required to notify the public of any problems with the water they supply, such as when the water fails to meet established standards.

Question 24

Violators of the Clean Water Act may be liable for various penalties, but they cannot be required to clean up their pollution or pay the cost of doing so.

Question 25

Those responsible for operations that create dirt, smoke, noxious odors, noise, or toxic substances can be held liable under the common law theory of

A) environmental impact.
B) nuisance.
C) pollution.
D) hazardous substance.

Question 26

To minimize potential liability under Superfund, a business can conduct its own regular environmental compliance audits of tis operations.

Question 27

New sources of water pollutants must install pollution-control equipment with all deliberate speed after beginning operations.

Question 28

Because point-source water pollution control is based on a permit system, the permits are the key to enforcement.

Question 29

The Environmental Protection Agency is required to determine which forms of solid waste should be considered hazardous.

Question 30

Ultrahazard Corporation transports radioactive materials. Vince, an Ultrahazard employee, is diagnosed with radiation sickness after exposure to the materials. Vince's suit against Ultrahazard to recover for the injury is

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

Question 31

Selling a site where hazardous wastes were disposed of relieves the seller-and the buyer-of liability for the clean up, as does merging with or buying a corporation that has not violated Superfund.

Question 32

Special requirements must be met to discharge toxic chemicals into surface waters.

Question 33

Regional Disposal Center operates a recycling plant. Adjacent property owners file a suit, alleging injuries from hazardous waste discharged into the environment by the plant. To succeed, the plaintiffs must show that the defendant failed to use reasonable care if the suit is based on

A) a negligence theory.
B) a nuisance theory.
C) any theory.
D) a strict liability theory.

Question 34

Each supplier of drinking water is required to send an annual statement describing the source to every household it supplies.

Question 35

Congress enacts a new air quality statute. The enforcement of this and other federal environmental legislation relies on

A) all levels of government and private citizens.
B) federal agencies only.
C) state and local governments only.
D) voluntary compliance.

Question 36

The National Pollutant Discharge Elimination System focuses mainly on industrial wastewater and has never been expanded to cover storm water discharges.

Question 37

The Environmental Protection Agency is required to set maximum levels for pollutants in public water systems.

Question 38

The Environmental Protection Agency can prohibit altogether a toxic substance that poses an imminent hazard.

Question 39

The Environmental Protection Agency can require a manufacturer planning to use a new chemical compound to first determine its effect on human health.

Question 40

Liability under CERCLA does not extend to businesses that merge with or buy corporations that have violated the statute.

Question 41

The main goals of the Clean Water Act include

A) making water safe for swimming.
B) protecting fish and wildlife.
C) eliminating the discharge of pollutants into water.
D) all of the choices.

Question 42

Without a permit from the U.S. Army Corps of Engineers, Condos Corporation fills a wetlands area that it owns in preparation for the construction of a housing complex. 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 43

Clean Wash 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 44

The state of California passes a law to restrict emissions form motor vehicles. Thee emissions may also be regulated by

A) other states and the federal government.
B) no other government.
C) the federal government only .
D) other states only.

Question 45

An environmental impact statement must analyze the impact that the action will have on

A) the economy.
B) the environment.
C) the marketplace.
D) all of the choices.

Question 46

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 47

Creosote Inc. operates a 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 equipment to reduce its emissions. Under the Clean Air Act, this is most likely

A) a violation.
B) not a violation because a "major source" is exempt.
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 48

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 statement is most likely

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

Question 49

Regulations governing air pollution cover mobile and stationary sources. Those who may be subject to penalties for violations of the Clean Air Act include

A) corporate officers who knowingly violate the act.
B) persons who provide information about violators but otherwise fail to act.
C) private citizens who fail to sue violators.
D) none of the choices.

Question 50

Without a permit, 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 have a permit.
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 51

Riverside Glass Company operates a manufacturing plant on Spawn River. Discharging pollutants from the plant into the river can result in

A) civil penalties and criminal penalties.
B) civil penalties only.
C) criminal penalties only.
D) no penalties.

Question 52

The Environmental Protection Agency (EPA) did not regulate carbon dioxide (CO₂) emissions from motor vehicles until after the United States Supreme Court ruled that the EPA had the authority to do so because

A) the Clean Air Act does not mention CO₂ emissions.
B) scientists do not all agree that CO₂ contributes to climate change.
C) climate change has widespread effects, not particularized harms.
D) CO₂ emissions constitute a public danger.

Question 53

Fried Food Inc. operates a commercial frying plant, discharging pollutants into the air. Greta reports the violations to the Environmental Protection Agency. Greta

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 54

Deep Earth Extraction Inc. operates a facility near Estuary Bay. Discharging waste from the facility into the bay can result in

A) penalties and damages.
B) penalties only.
C) damages only.
D) none of the choices.

Question 55

Bread Brands LLC operates a dough making and packaging plant-a "major source"-that emits hazardous air pollutants for which the Environmental Protection Agency (EPA) has set maximum levels of emission. The plant does not use 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 packaging is not regulated by the EPA.
D) not a violation because the plant is not attempting to reduce emissions.

Question 56

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 57

Water Power Corporation wants to begin operations that include the discharge of waste into navigable waters. Under the Clean Water Act, the company must install certain equipment

A) with all deliberate speed after beginning operations.
B) before beginning operations.
C) only on a voluntary basis.
D) only if a regulatory agency challenges the discharge.

Question 58

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 statement 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 59

Retail Properties Inc. wants to build a parking ramp to connect to its Shoppers 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 60

Solar Power Company wants to erect an array of solar panels on private land, for which a federal permit is required. For this action, an environmental impact statement is

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

Question 61

ChemMix Company is a subsidiary of Diversified Industries Inc. ChemMix operates a hazardous waste disposal site. Electrical Supply Corporation is one of many parties who generate waste disposed of at the site. ChemMix borrows money from First State Bank, which takes over the site when ChemMix goes bankrupt. The Environmental Protection Agency discovers a leak at the site. Can any of these private parties be forced to pay for the clean up? If so, who?

Question 62

Noxious Inc. makes and sells pesticides. If a substance is identified as harmful and the harm is imminent, the Environmental Protection Agency can

A) conduct an inspection of the maker's plant.
B) declare the substance to be unregulated and allow its production.
C) ignore the risk if the benefit outweighs the harm.
D) order the substance to be sold in an adulterated form.

Question 63

A ship owned by Ocean Cruises Inc. discharges some of the oil used in its engines into Puget Sound and onto the shore. Under the Oil Pollution Act, this is most likely

A) a violation.
B) not a violation because this type of discharge is not pollution.
C) not a violation because a ship is not a stationary source.
D) not a violation because a ship's engine is not a point source.

Question 64

Before being transported, hazardous waste generated by Tire Maker Inc. must be properly labeled and packaged under the Resource Conservation and Recovery Act by

A) the federal Environmental Protection Agency.
B) the local Resource Conservation and Recovery Committee.
C) the state Environmental Regulatory Commission.
D) Tire Maker, Inc.

Question 65

Midpoint City operates its own municipal public drinking water system for which the Environmental Protection Agency has set maximum levels of pollutants. The city does not use any equipment to meet these standards. With regard to any contamination of the water, under the Safe Drinking Water Act, this is most likely

A) a violation.
B) not a violation because the city does not set the standards.
C) not a violation because water is not a stationary source.
D) not a violation because the city does not use any equipment.

Question 66

Fire Retardants Inc. operates without required pollution control technology, causing a discharge of chemical waste into Green River. This can result in

A) a fine.
B) an injunction.
C) imprisonment.
D) all of the choices.

Question 67

Using funds obtained through taxes on certain businesses, Superfund

A) pays for the clean up of hazardous waste disposal sites.
B) reimburses polluters who correct environmental violations.
C) conducts environmental compliance audits of government operations.
D) all of the choices.

Question 68

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

Question 69

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

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

Question 70

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

A) the district's financial situation and material facts that might affect it.
B) other operations, such as irrigation and water conservation, in which the district 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 71

Hi-Yield Inc. makes a herbicide with a 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 72

Disposal Company operates a hazardous waste storage facility. Concerned that there may be a release of chemicals from the site, the company sells the property to Eager Developers Inc. If there is a release, the seller is most likely

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