Deck 9: Environmental Regulation and Sustainability

Question 1

The Clean Air Act 1970 Amendments were the first federal legislation with any real authority for enforcement.

Answer 1

True

Question 2

The best time to do a due diligence review is right after a property is purchased so that any environmental concerns can be properly filed.

Answer 2

False

Question 3

SIPs are state plans for implementation of air quality standards.

Answer 3

True

Question 4

An NPDES permit is required for point sources.

Question 5

Superfund money is available to help private citizens clean up environmental hazards on their property.

Question 6

The failure of a state to develop a SIP allows the EPA to use a federal plan in the state.

Question 7

Nuisance is a common law anti-pollution doctrine.

Question 8

Sulfur dioxide emission permits can be sold under the 1990 Act.

Question 9

The Clean Air Act requires plants to use the maximum achievable control technology.

Question 10

Mortgage lenders are exempt from liability under CERCLA.

Question 11

Minor reporting violations do not carry penalties under the Clean Air Act of 1990.

Question 12

The "bubble concept" examines pollution in one area as if it came from a single source.

Question 13

Effluent guidelines are the same for all industries.

Question 14

The EPA does not regulate drinking water.

Question 15

Violations of federal environmental laws carry both civil and criminal penalties.

Question 16

The bubble concept applies to nonattainment areas.

Question 17

Bad smells and excessive noise can be ruled a nuisance.

Question 18

Data barn litigation has used nuisance and trespass as legal theories against electric utilities.

Question 19

SIPs must be approved by the EPA.

Question 20

An EIS must be filed for both private and governmental projects.

Question 21

Insurance companies are not liable for CERCLA clean-up.

Question 22

State environmental laws are always superceded by the federal environmental laws.

Question 23

Under the Safe Drinking Water Act the EPA sets the federal levels to be enforced, but states, which can have higher standards, mainly enforce the standards.

Question 24

Lenders who repossess Superfund property can never be held liable for its cleanup.

Question 25

The Clean Air Act is applicable only to businesses with 15 or more employees.

Question 26

Only actions taken by federal agents and agencies require the filing of an EIS.

Question 27

Only current landowners are liable for Superfund cleanups.

Question 28

The International Organization for Standardization has developed international environmental standards known as "ISO 14000".

Question 29

For purposes of CERCLA, the definition of owner/operator does not include a lender with just a security interest.

Question 30

The Oil Pollution Act carries both corporate and officer penalties.

Question 31

The Oil Pollution Act covers all oil spills up to 200 miles offshore.

Question 32

Those who transport and those who arrange for the transport of hazardous materials are liable under CERCLA.

Question 33

The EPA is authorized to pay up to $100,000 rewards to people who provide information leading to criminal convictions or civil penalties.

Question 34

A self-audit will increase EPA penalties for a company that conducts it.

Question 35

The Endangered Species Act permits those desiring to protect a species as well as landowners affected by such protection to challenge a determination of protection for a species.

Question 36

A nuisance must be a public nuisance to be actionable.

Question 37

States are primarily responsible for the enforcement of the Safe Drinking Water Act.

Question 38

While Germany has been a leader in the "eco-label" innovations, the EU has not followed its lead; the EU has not authorized any such environmental label on consumer goods.

Question 39

Private citizens may not bring suit under federal environmental legislation.

Question 40

The Noise Control Act authorizes the EPA and FAA to enforce the amount of noise emissions from low-flying aircraft for the protection of landowners in flight paths.

Question 41

Which of the following acts controls point sources?

A)Clean Air Act
B)Toxic Substances Control Act
C)Clean Water Act
D)All of the above

Question 42

Which of the following federal acts does not permit initial private citizen suits?

A)Resource Conservation and Recovery Act
B)Clean Air Act
C)Clean Water Act
D)All of the above permit private suits.

Question 43

The EPA provides incentives for both self-reporting and self-audits.

Question 44

The Asbestos Hazard Emergency Response Act applies to public schools, hospitals and restaurants, but not private schools or office buildings.

Question 45

The Federal Partnership Action Agenda provides funding for brownfield projects.

Question 46

A public nuisance:

A)cannot be enjoined by a private citizen suit.
B)prevents recovery of damages by individual citizens.
C)is eliminated by federal environmental regulations.
D)None of the above

Question 47

When there is a brownfield, no one is liable for the costs of clean-up.

Question 48

Environmental activists who focus on local issues and primarily use nuisance and zoning laws are referred to as:

A)BANANAs.
B)NIMBYs.
C)EMFs.
D)EANZs.

Question 49

A NIMBY is a property owner who opposes development or certain land uses.

Question 50

Which of the following parties would be liable for the clean-up costs at an EPA-designated Superfund site?

A)Current owner
B)Immediate past owner
C)Owner responsible for the toxic waste disposal
D)All of the above

Question 51

Industrial groups are:

A)the basis for EPA effluent guidelines.
B)irrelevant in pollution standards.
C)relevant at state levels only.
D)None of the above

Question 52

The Kyoto Protocol focuses on limitations and controls of emissions.

Question 53

The parent corporation could have CERCLA liability for a subsidiary.

Question 54

Data barn litigation cases have used which of these legal theories?

A)Trespass
B)Battery
C)Nuisance
D)a and c

Question 55

Effluent guidelines are:

A)part of the Clean Air Act.
B)part of the National Environmental Policy Act.
C)part of the Clean Water Act.
D)developed by the states.
E)None of the above

Question 56

Under which act was the EIS developed?

A)Clean Air Act
B)National Environmental Policy Act
C)Clean Water Act
D)Toxic Substances Control Act
E)All of the above

Question 57

SIPs:

A)are state implementation plans for air quality standards.
B)are enforced by the state governments.
C)need not have EPA approval.
D)None of the above

Question 58

How was the Rivers and Harbors Act of 1899 used in the pollution battle?

A)To prevent dumping into waterways
B)To prevent the transportation of toxic substances without a permit
C)To prevent all discharges
D)None of the above

Question 59

BANANAs are activists who deal with more generic environmental issues but are otherwise similar to NIMBYs.

Question 60

The Kyoto Protocol has been approved and adopted in the United States.

Question 61

If the EPA cleans up a toxic waste site, the cost of a cleanup can be recovered from the:

A)owner.
B)party who dumped the waste.
C)Superfund.
D)All of the above

Question 62

In nonattainment areas the EPA:

A)defers to state regulation.
B)can impose construction moratoriums.
C)must honor the SIP.
D)can cut off all forms of federal funding.

Question 63

The Army Corps of Engineers has proposed the construction of a dam that will be of substantial benefit in Tennessee in terms of economic development. The dam will also destroy the natural habitat of an endangered species: the snail darter. The project:

A)does not require an EIS since the EPA is not involved in the project.
B)will require an EIS since the Army is involved.
C)cannot be completed under the Environmental Protection Act.
D)None of the above

Question 64

The International Organization for Standardization created international environmental standards known as:

A)the Kyoto Protocol.
B)the precautionary principle.
C)ISO 14000.
D)ISO 9000.

Question 65

Which of the following acts established the NPDES system?

A)Water Pollution Control Act of 1948
B)Water Quality Act
C)Rivers and Harbors Act
D)Federal Water Pollution Control Act of 1972

Question 66

Environmental impact statements (EIS)must:

A)be written by all developers.
B)discuss the economic impact of the proposed action.
C)be written only when there is an air pollution concern.
D)contain alternate courses of action.

Question 67

The EIS requirement originated in which Act?

A)National Environmental Policy Act
B)National Policy Act
C)Resource Conservation and Recovery Act
D)Oil Pollution Act

Question 68

Ralph Watkins owns a large home on a two-acre lot in Tempe, Arizona. Watkins has much of the lot covered with tiff grass and is meticulous about mowing the lawn. Watkins piles the grass clippings near his back fence and removes them on a semiannual basis. The clippings attract crickets, rodents, scorpions, and other forms of desert life. Watkins' neighbor, Vern Brown, has noted that the various forms of desert life scale the wall and invade his property. Brown has worked with his exterminator but his exterminator has told him that the grass clippings must go before the bugs will go. Brown:

A)could clean up the pile and recover from Watkins under CERCLA.
B)could report Watkins for violating the Solid Waste Disposal Act.
C)could seek an injunction against Watkins on the basis of nuisance.
D)would not have a nuisance claim since he is the only one who is affected.

Question 69

A National Pollutant Discharge Elimination Permit:

A)permits the holder to discharge pollutants at its point source.
B)permits the holder to discharge toxic pollutants.
C)permits the holder to discharge pollutants after pretreatment.
D)permits the discharge of smoke from utility plants equipped with scrubbers.

Question 70

Basa Industries, Inc., because of processing changes, has "0" emissions from its plant in New Mexico. However, Basa holds a permit for emissions from the EPA. Basa:

A)must return the permit to the EPA.
B)can sell the permit privately.
C)can sell the permit only through the EPA.
D)must use the permit or forfeit it in six months.

Question 71

What is the standard for pollution control equipment under the 1990 Clean Air Act amendments?

A)Best available technology
B)Maximum achievable control technology
C)Current available technology
D)None of the above

Question 72

The University of Arizona has developed plans for the construction of a set of telescopes on Mount Graham in southern Arizona. The project is a joint one with NASA and a French consortium. Mount Graham is the home for the red mountain squirrel - a species near extinction. The University of Arizona:

A)need not file an EIS since it is not a federal agency.
B)need not file an EIS since there will be no air pollution.
C)need not file an EIS because of the lack of jurisdiction over the French participants.
D)must file an EIS.

Question 73

This Act requires those mining coal to restore the land to its original condition after mining.

A)Coal Resurfacing Act of 1973
B)Surface Mining and Reclamation Act of 1977
C)Surface Mining and Resurfacing Act of 1983
D)Surface Mining, Emissions, and Restoration Act of 1968

Question 74

Environmental activists who have a more generic focus on issues, such as preventing urban sprawl, are known as:

A)NIMBYs.
B)BANANAs.
C)EMFs.
D)WARNs.

Question 75

The Oil Pollution Act of 1990:

A)covers the construction of domestic pipelines.
B)covers oil spills up to 200 miles offshore.
C)was repealed.
D)None of the above

Question 76

The EPA's emissions offset policy:

A)is used in water pollution issues.
B)does not include the "bubble concept."
C)is not technology-forcing.
D)None of the above

Question 77

Which of the following acts established the Superfund?

A)Solid Waste Disposal Act
B)Resource Recovery Act
C)Toxic Substances Control Act
D)None of the above

Question 78

An EIS is filed with the:

A)Council on Environmental Quality.
B)NPDES.
C)EPA.
D)None of the above

Question 79

Violations of the Clean Air Act:

A)carry civil and criminal penalties.
B)carry only civil penalties.
C)can be remedied only by a suit brought by another citizen.
D)are handled by the Justice Department.

Question 80

The EU counterpart to the EPA in the United States is called the:

A)EU Agency.
B)EUPA.
C)European Environment Agency.
D)Environmental Audit Office.