Deck 15: Environmental-Law-And-Sustainability

Question 1

According to the EPA,in order to avail itself of the innocent landowner defense,a prospective purchaser must show that,prior to the sale,it undertook "all appropriate inquiry" into the previous ownership and uses of the facility.

Answer 1

True

Question 2

Contractual arrangements to shift environmental liability between companies are binding on federal and state governments.

Answer 2

False

Question 3

Policy statements issued by the EPA inform enforcement efforts and provide assistance to the regulated community,but they do not have the force of law.

Answer 3

True

Question 4

The Clean Air Act requires that national ambient air quality standards be set without regard for cost considerations.

Question 5

Environmental economics can only fix the "tragedy of the commons" through a central governing authority.

Question 6

A fundamental element of the U.S.scheme of pollution control is the policy that the polluter pays.

Question 7

Environmental law covers zoning and land-use regulations.

Question 8

The principal goal of the Clean Water act is to eliminate the discharge of pollutants into the non-navigable waters of the United States.

Question 9

The BP oil spill in the Gulf of Mexico led to the largest oil spill in history.

Question 10

Lenders are immune from liability under CERCLA if a contaminated property goes through foreclosure.

Question 11

State environmental laws may not be more stringent than federal laws.

Question 12

Failure to comply with environmental laws can result in civil fines but not criminal penalties.

Question 13

The Clean Water Act is inapplicable to ponds that are not adjacent to open water.

Question 14

The EPA is an independent agency.

Question 15

The Resource Conservation and Recovery Act bans the disposal of hazardous wastes onto land without treatment to render them less hazardous.

Question 16

The need to file a lawsuit in each case and the complexity of the common law made nuisance a cumbersome way to control environmental pollution in an industrialized society.

Question 17

Massachusetts unveiled the first statewide cap-and-trade program to reduce greenhouse gases in the United States.

Question 18

An important step in comprehensively managing environmental liability and reducing penalties for noncompliance is to conduct periodic environmental audits.

Question 19

The combustion of fossil fuels is solely responsible for global warming.

Question 20

The Toxic Substances and Control Act applies only to chemical substances manufactured in the United States,not to imported chemicals.

Question 21

Under the Clean Air Act,_____ is/are primarily responsible for choosing how to maintain the federally established air quality standards.

A) the federal government
B) state governments
C) individual businesses
D) the EPA administrator

Question 22

When can a corporate officer be held civilly liable under the Clean Water Act?

A) Corporate officers are strictly liable whenever a violation by their company is established.
B) Only if the corporate officer specifically ordered the unlawful discharge.
C) If the corporate officer had the authority to exercise control over the activity that caused the unlawful discharge or if the officer knowingly violated the act.
D) Corporate officers may never be held liable in an individual capacity.

Question 23

Under which of the following may a parent corporation be held liable under CERCLA for facilities ostensibly operated by a subsidiary?

A) As an owner of a subsidiary whose corporate veil has been pierced
B) As an operator of the facility
C) Both as an owner of a subsidiary whose corporate veil has been pierced and as an operator of the facility
D) Under no circumstances may a parent corporation be held liable

Question 24

Which of the following statements regarding the adoption of the policy that the polluter pays is NOT true?

A) The European Union has adopted the policy that the polluter pays.
B) Asia rejected the concept that the polluter pays.
C) Delhi,India,has begun more strict enforcement of some laws based on the concept that the polluter pays.
D) The U.S.environmental scheme adheres to the idea that the polluter pays.

Question 25

The increase in the buildup of carbon dioxide,methane,and other greenhouses gases in the atmosphere has increased global surface temperatures in 2016 to _____ degrees Celsius above preindustrial levels.

A) 0.5-0.9
B) 1.1-1.2
C) 1.5-2.0
D) 3.0-3.6

Question 26

In Pakootas v.Teck Cominco Metals,Inc.,plaintiffs sued the defendant Canadian corporation in a U.S.court,regarding an order under CERCLA pertaining to its contamination of water in Canada that reached the United States.Was the Canadian corporation subject to the courts of the United States?

A) The court ruled that the defendant lacked the minimum contacts necessary to require it to submit to the jurisdiction of a U.S.court.
B) The court ruled that subject matter jurisdiction did not exist.
C) The court ruled that the defendant was subject to jurisdiction in the U.S.court.
D) The court ruled that the defendant lacked the minimum contacts necessary to require it to submit to the jurisdiction of a U.S.court and that subject matter jurisdiction did not exist.

Question 27

__________ liability is the responsibility of an acquirer of corporate assets for the liabilities of the seller.

A) Parent
B) Successor
C) Subsidiary
D) Environmental

Question 28

The Paris Climate Agreement will take effect in 2023 as the 55 signatory countries begin public reporting of progress toward pollution reduction goals.

Question 29

_____ concerns-that is,that decisions with environmental consequences should not discriminate against poor and minority communities-are often enforced by the federal government because such decisions usually require state or municipal permits.

A) Fair allocation
B) Brownfield containment
C) Environmental justice
D) Equitable allocation

Question 30

Which of the following authorizes the federal government to take remedial action in response to a release of hazardous substances into the environment?

A) CERCLA
B) Solid Waste Disposal Act
C) Resource Conservation and Recovery Act
D) Clean Air Act

Question 31

Company X was responsible for 40 percent of the environmental pollutants on a hazardous waste site whereas Company Z was responsible for the remaining 60 percent.Under CERCLA,which of the following is true regarding the imposition of liability on the parties?

A) Company X and Company Z are subject to joint and several liability meaning that either can be held liable for the total cleanup costs,and no contribution between the parties is available.
B) Company X and Company Z are subject to joint and several liability meaning that either can be held liable for the total cleanup costs,but contribution between the parties may be available.
C) Regardless of whether both companies are still in business,Company X is responsible for only 40 percent of the cleanup costs,and Company Z is liable for only 60 percent of the costs.
D) Liability depends on who was the initial polluter because that party has primary liability for the total costs whereas the other company has secondary liability in the event that the first polluter is no longer in business.

Question 32

Which of the following is required under the Clean Air Act?

A) The EPA must establish national ambient air quality standards.
B) Every state must meet its individual air quality standards.
C) Air quality in areas that already meet national standards must meet a yearly improvement standard.
D) The National Park Service must preserve natural visibility in the wilderness areas.

Question 33

The management of hazardous waste is governed by the __________ as amended.

A) Clean Air Act
B) Clean Water Act
C) Solid Waste Disposal Act
D) Federal Superfund Law

Question 34

Which of the following hazardous household products are exempt from Resource Conservation and Recovery Act regulations?

A) Hazardous household products discarded by retailers
B) Hazardous household products discarded by households
C) Hazardous household products discarded by retailers and households
D) No hazardous household products are exempt from RCRA regulations

Question 35

Under CERCLA,which of the following is true if the EPA does cleanup work?

A) The EPA can recover its cleanup costs from responsible parties.
B) The EPA can recover its cleanup costs from the present owner only.
C) The EPA can recover its cleanup costs only from the owner at the time of disposal.
D) The EPA can recover its cleanup costs from either the present owner or the owner at the time of disposal,but from no one else.

Question 36

Under the Clean Air Act,if a nonattainment area fails to develop an adequate plan to attain the national standard,which of the following penalties may be imposed?

A) No penalties may be imposed by the federal government because only individual states may impose penalties
B) Limits on the use of federal highway funds
C) Limits on drinking-water hookups
D) Both limits on the use of federal highway funds and limits on drinking-water hookups

Question 37

Laws addressing wilderness preservation,wildlife protection,coastal zone management,energy conservation,and national park designation are referred to as _____ laws.

A) protection
B) environmental
C) land-use
D) natural resources

Question 38

__________ is imposed upon the generator of hazardous waste by the Resource Conservation and Recovery Act.

A) Negligence liability and responsibility
B) Individual liability and responsibility
C) Cradle-to-grave responsibility
D) Joint and several liability

Question 39

What does the Superfund Recycling Equity Act do?

A) It exempts recyclers from liability in private-party actions under CERCLA.
B) It exempts recyclers from suits brought by the state or federal government.
C) It provides a 10 percent federal rebate for recycling expenses incurred by corporations engaged in recycling activities.
D) It provides a 5 percent federal rebate for recycling expenses incurred by corporations engaged in recycling activities.

Question 40

The EPA lists waste sites based on a _____,which represents the degree of risk that the site presents to the environment and public health.

A) first-come,first-served basis
B) hazard ranking score
C) Superfund allocation priority metric
D) strict liability formula

Question 41

Toby is the commissioner of environmental matters for State X,the state with the cleanest air in the nation.U.S.Pollution Company wants to move into State X.Unfortunately,State X has had a severe economic downturn.Many of the citizens are ready to trade some environmental cleanliness for jobs.Toby is on the hot seat.The governor and others say that State X has done well and has always beaten all other states in meeting national ambient air quality standards.In fact,State X is so far in compliance that Pollution Company could operate for many years before there was a problem.What would you suggest to Toby regarding compliance with the Clean Air Act?

A) Toby should disregard the Clean Air Act so long as his state is meeting national ambient air quality standards.
B) Toby should disregard the Clean Air Act so long as his state is meeting national ambient air quality standards,and he can show an economic downturn of at least 10% in his state over the past 12 months.
C) Toby should disregard the Clean Air Act so long as his state is meeting national ambient air quality standards,he can show an economic downturn of at least 10% in his state over the past 12 months,and he can show an increase in the unemployment level of at least 5% in his state over the past 12 months.
D) Toby should not disregard the Clean Air Act because it requires that air quality in those areas that meet the national ambient air quality standards not be allowed to deteriorate.

Question 42

What was the central issue in CASE 15.1 United States v.Hansen (2001)?

A) Can bankruptcy exempt facilities from environmental responsibility under CWA?
B) How much environmental damage must take place before corporate officers and plant managers may be held guilty under the CWA,RCRA,and CERCLA?
C) When may the federal government refuse to allow the shutdown of a facility that is producing hazardous waste?
D) When may corporate officers and plant managers be held individually guilty as operators of a hazardous waste facility under the CWA,RCRA,and CERCLA?

Question 43

A(n)__________ is an effect of a purchase or use decision by one set of parties on others who did not have a choice and whose interest was not taken into account.

A) externality
B) bystander influence
C) afflicting action
D) affectation

Question 44

The __________ occurs when individuals exploit a limited shared resource and contribute to its depletion knowing that there will be a detrimental impact in the long term.

A) impact on the masses
B) destructive resources impact
C) tragedy of the commons
D) absolute negative

Question 45

What are the four types of air quality goals listed in the Clean Air Act?

Question 46

Explain what the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act (RCRA)authorizes the EPA to do.

Question 47

The European Union,which had adopted the Kyoto Protocol,adopted a __________,which is a market-based system that limits the amount of carbon dioxide that companies are allowed to emit.

A) cap-and-trade system
B) due diligence assessment
C) superlien strategic environmental management system
D) random cap-and-audit system

Question 48

Explain in detail EPA practice in regard to approving a state program in lieu of the EPA's federal program.

Question 49

What level of culpability does CERCLA require before authorizing an award of punitive damages against a polluter?

A) Intentional violation of the law
B) Recklessness
C) Negligence
D) It is only required that the defendant be the responsible party in regard to the pollution with the defendant's mental state being irrelevant.

Question 50

To challenge an environmental regulation or an activity affecting the environment,a plaintiff must have _____,a concrete injury traceable to the challenged act that will be redressed by a favorable decision.

A) a high hazard ranking score
B) passed a substantial continuity test
C) exercised due diligence
D) standing

Question 51

The federal government originally did not regulate the pollution created by industry.As environmental law developed,the government began to issue permits to businesses to control and regulate the amount of their pollution.Many industries claim that the cost of compliance with current environmental laws unduly hampers their ability to compete effectively in the marketplace.Is it fair to business owners to be burdened with these costs? Are the strict liability provisions in the federal environmental acts ethical and fair? Discuss fully.

Question 52

In which of the following situations would an environmental impact statement NOT be required?

A) If any business activities require governmental authorizations,permits,or licenses
B) If the requested authorization involves wilderness preservation,wildlife protection,or national park designation
C) If the agency finds that the proposed action will not have a significant impact on the environment
D) If a major federal action will significantly affect the quality of the human environment

Question 53

Tiernan is the president of Bank X,which holds a mortgage on a company found liable for illegal disposal of hazardous waste.The company has stopped paying on its loan to Bank X.Tiernan would like to foreclose but does not want the bank to become liable under CERCLA as an owner.What should Tiernan do?

A) Tiernan should do nothing because foreclosure would automatically result in the bank becoming liable under CERCLA for cleanup costs.
B) Tiernan should go ahead and foreclose because as long as the bank did not participate in the management of the facility prior to foreclosure,the bank will not be considered liable under CERCLA for cleanup costs.
C) Tiernan should immediately arrange for the bank to become involved in managing the facility because as long as the bank participated in the management of the facility prior to foreclosure,the bank will not be considered liable under CERCLA for cleanup costs.
D) Tiernan might as well go ahead and foreclose because as a mortgage holder,the bank is already automatically liable under CERCLA for cleanup costs.

Question 54

Which of the following laws applies to pesticide products?

A) Toxic Substances Control Act
B) Federal Insecticide,Fungicide,and Rodenticide Act
C) Federal Rat Act
D) Uniform Pesticide Act

Question 55

Which country is currently the world's top carbon polluter?

A) Brazil
B) India
C) United States
D) China

Question 56

Abandoned or historically polluted sites are governed by the __________ whereas the __________ covers current and future hazardous waste treatment facilities.

A) Comprehensive Environmental Response,Compensation,and Liability Act; National Pollutant Discharge Elimination System
B) Resource Conservation and Recovery Act; National Pollutant Discharge Elimination System
C) Resource Conservation and Recovery Act; Comprehensive Environmental Response,Compensation,and Liability Act
D) Comprehensive Environmental Response,Compensation,and Liability Act; Resource Conservation and Recovery Act

Question 57

Which of the following is false regarding defenses to liability under CERCLA?

A) A defense to liability is that the release of hazardous substances was caused solely by an act of God,such as an earthquake.
B) A defense to liability is that the release of hazardous substances was caused solely by an act of war.
C) A defense exists for purchasers of brownfields,contaminated sites that are eligible for cleaning and reclaiming with assistance from the Superfund.
D) A defense exists if the defendant is less than 50 percent at fault for the contamination.

Question 58

Which of the following is true regarding the authority of administering agencies?

A) The environmental laws give broad authority to the administering agencies to conduct on-site inspections of plant facilities and their records.
B) The environmental laws give limited authority to the administering agencies to conduct on-site inspections of plant facilities and their records.
C) The environmental laws give no authority to the administering agencies to conduct on-site inspections of plant facilities and their records.
D) The environmental laws give limited authority to administering agencies to conduct on-site inspections of plant records,but facilities may not be directly inspected by administering agencies.

Question 59

Which of the following laws governs the quality of drinking water served by public drinking-water systems?

A) Clean Sip Act
B) Chemical Control Act
C) Safe Drinking Water Act
D) None of the responses are correct.

Question 60

Environmental __________ is a systematic and ongoing process for determining whether property contains or emits hazardous substances and whether a company is in compliance with environmental laws.

A) awareness
B) justice
C) due diligence
D) risk management

Question 61

What is the Paris Climate Agreement? Is the United States a signatory?

Question 62

Compare the substantial continuity test in regard to successor liability with the mere continuation test.Which test is applied by the majority of states?

Question 63

Define the term "navigable waters" as used in the Clean Water Act.What does the U.S.Supreme Court say the term includes and excludes? Why was the U.S.Supreme Court concerned with limiting the scope of the term "navigable waters"?

Question 64

Who are potentially responsible parties under CERCLA?