Deck 10: Environmental Regulation and Sustainability

Question 1

Only current landowners are liable for Superfund cleanups.

Answer 1

False

Question 2

The Oil Pollution Act carries both corporate and officer penalties.

Answer 2

True

Question 3

The Oil Pollution Act applies to cleanups in all navigable waters up to 200 miles offshore.

Answer 3

True

Question 4

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

Question 5

The bubble concept applies to nonattainment areas.

Question 6

The Rivers and Harbors Act was used,at one time,to control water pollution.

Question 7

Nonattainment areas are exempt from the Clean Air Act.

Question 8

SIPs are state plans for implementation of air quality standards.

Question 9

Mortgage lenders are exempt from liability under CERCLA.

Question 10

The 1970 amendments to the Clean Air Act were technology-forcing provisions.

Question 11

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

Question 12

An NPDES permit is issued only with onlyEPA approval.

Question 13

An NPDES permit is required for point sources.

Question 14

SIPs must be approved by the EPA.

Question 15

The Superfund is available to private citizens through the filing of a lawsuit.

Question 16

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

Question 17

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

Question 18

Nuisance is a common law anti-pollution doctrine.

Question 19

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

Question 20

A due diligence review should be done before property is purchased.

Question 21

The parent corporation could have CERCLA liability for a subsidiary.

Question 22

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

Question 23

State environmental laws are always superceded by the federal environmental laws.

Question 24

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

Question 25

The EU has the most extensive and active emissions permit trading market.

Question 26

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

Question 27

A nuisance must be a public nuisance to be actionable.

Question 28

Private citizens may not bring suit under federal environmental legislation.

Question 29

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 30

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

Question 31

Many dry cleaners now charge an environmental surcharge to cover their costs on emissions compliance.

Question 32

The EPA has developed three categories of water pollutants: conventional,international,and toxic pollutants.

Question 33

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

Question 34

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

Question 35

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

Question 36

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

Question 37

Only current property owners are liable under CERCLA.

Question 38

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

Question 39

Insurance companies are not liable for CERCLA clean-up.

Question 40

The Oil Pollution Act creates a trust fund for oil spill cleanup.

Question 41

Which of the following federal acts does not permit initialprivate 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 42

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 43

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 44

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

A)trespass
B)battery
C)nuisance
D)a and c

Question 45

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 46

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 47

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 48

The Superfund is:

A)tapped by Congress for surplus spending.
B)used for air pollution problems.
C)available by private citizen suit.
D)a trust fund.
E)none of the above

Question 49

Most insurers now include an exclusion policy on CERCLA exposure,but coverage is available as a policy rider.

Question 50

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

Question 51

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 52

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 53

The Federal Partnership Action Agenda provides funding for brownfield projects.

Question 54

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 55

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 56

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 57

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 58

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 59

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 60

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 61

What new businesses were affected by the Clean Air Act amendments of 1990?

A)bakeries
B)dry cleaners
C)paint shops
D)all of the above

Question 62

What is the name given to groups who oppose specific placement of land usages using nuisance theories and local zoning laws?

A)BANANAs
B)NIMBYs
C)NUTs
D)BAMBIs

Question 63

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 64

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 65

Which of the following remedies are available to remedy environmental hazards?

A)an EPA complaint
B)private citizen suit under federal environmental law
C)suit for nuisance
D)suit under state law
E)All of the above are available remedies.

Question 66

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 67

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 68

Which of the following parties could the EPA hold liable for toxic leaks from an underground storage tank?

A)current owner
B)past owner
C)current operator
D)all of the above

Question 69

First Banc loaned money to Best Batteries for the purchase of its factory.First Banc took a mortgage on the factory and land.Best Batteries,because the price of its lifetime battery was so high,went out of business within 18 months.Best deeded the title to the factory and land back to First Banc.When First Banc sent in a clean-up firm,it discovered that there were old and new batteries stacked everywhere on the property.First Banc:

A)has no responsibility for cleanup of the batteries.
B)can sell the property and disclaim liability in the purchase contracts and thus pass along the cleanup to the buyer.
C)enjoys a lender's exemption from CERCLA liability.
D)none of the above

Question 70

Ace Hauling,Inc.,has been transporting industrial tailings for companies around the Minneapolis/St.Paul area for the past decade.The site at which the tailings were dumped has been designated at a CERCLA Superfund site.Ace Hauling's board of directors voted to sell Ace to a new corporation created by legal counsel for Ace.All of Ace's assets,liabilities and contracts will be transferred to the new corporation whose owners are unaware of Ace's history.By creating the new corporation and transferring the assets:

A)Ace can avoid liability under CERCLA.
B)Ace has done nothing to change its CERCLA liability.
C)Ace can avoid any contractual liability under CERCLA.
D)Ace eliminates its liability if its directors have no say in running the new corporation.
E)none of the above

Question 71

In nonattainment areas,the EPA has the authority to:

A)impose construction moratoriums.
B)require NPDES permits.
C)halt all federal funds.
D)none of the above

Question 72

The Endangered Species Act:

A)requires only that an EIS be prepared.
B)applies only to government land.
C)applies to private and public lands.
D)none of the above

Question 73

An EIS is filed with the:

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

Question 74

Which of the following actions would require the company to obtain a permit for discharge from the EPA?

A)Releasing water back into a stream after it was used in production with the only change being its temperature.
B)Releasing water back into a stream after it was used in production, but in a state cleaner than it entered the factory.
C)Releasing water into a pond on company property.
D)Releasing water from a power plant cooling tower into the ocean.
E)All of the above would require an EPA permit.

Question 75

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 76

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 77

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 78

Ralph Waters owns forested land.The Department of the Interior has declared that a small fruitfly on his property is an endangered species and prevented the harvesting of trees there.Ralph:

A)cannot harvest trees.
B)is entitled to compensation for a taking.
C)can challenge the determination in court.
D)None of the above.

Question 79

A National Pollution 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 80

Which of the following is not regulated by the EPA?

A)water pollution
B)nuisance
C)drinking water
D)toxic waste