Question 1

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

Accepted Answer

The answer of A constant tension between the desire for...

Question 2

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

Accepted Answer

Wetlands are protected under the Clean Water Act, and any activity that could potentially impact them requires a permit from the U.S. Army Corps of Engineers. Filling or dredging wetlands without a permit is a violation of the law.

Question 3

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.

Accepted Answer

This is true according to regulations set by the Safe Drinking Water Act. Suppliers are required to provide public notification of any violations or exceedances of the maximum contaminant levels.

Question 4

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.

Accepted Answer

Violators of the Clean Water Act can be required to clean up their pollution and pay the cost of doing so. This is known as "restoration" under the Act. Additionally, violators may face fines, imprisonment, or both.

Question 5

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

Accepted Answer

The common law theory of nuisance refers to the use of property that interferes with another person's enjoyment of their own property. This can include activities that produce dirt, smoke, noxious odors, noise, or toxic substances. Therefore, those responsible for such operations can be held liable under the theory of nuisance. The other options, environmental impact, pollution, and hazardous substance, may also be relevant in environmental law, but they do not specifically refer to the common law theory of liability for interfering with property enjoyment.

Question 6

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

Accepted Answer

Conducting regular environmental compliance audits can help a business identify possible noncompliance issues and address them before they become more serious problems that may lead to Superfund liability.

Question 7

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

Accepted Answer

The answer of New sources of water pollutants must install...

Question 8

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

Accepted Answer

Point-source water pollution control permits specify the allowable levels of pollutants for a facility and establish monitoring and reporting requirements. Compliance with these permits is enforced through inspections and penalties for violations. Therefore, the permits serve as the key mechanism for ensuring compliance with water pollution regulations.

Question 9

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

Accepted Answer

This statement is true. The Resource Conservation and Recovery Act (RCRA) authorizes the EPA to establish criteria for identifying which wastes are hazardous.

Question 10

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

Accepted Answer

Vince's suit against Ultrahazard is a toxic tort because it involves harm caused by exposure to a hazardous substance, in this case radiation from the radioactive materials transported by Ultrahazard.

Question 11

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.

Accepted Answer

Selling a site or merging with/buying a corporation does not relieve the seller/buyer of liability for the clean up of hazardous wastes. Superfund laws hold current and past owners and operators responsible for cleaning up contaminated sites.

Question 12

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

Accepted Answer

This is true. The Clean Water Act requires permits for discharges of pollutants, including toxic chemicals, into surface waters. These permits have specific requirements to ensure the protection of human health and the environment.

Question 13

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

Accepted Answer

Negligence requires a showing that the defendant failed to use reasonable care. The other theories (nuisance and strict liability) do not necessarily require proof of negligence.

Question 14

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

Accepted Answer

This statement is a requirement under the Safe Drinking Water Act. Each supplier is required to provide an annual Consumer Confidence Report (CCR) to their customers that describes the quality of the drinking water, including the source of the water.

Question 15

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

Accepted Answer

Enforcement of federal environmental legislation, including air quality statutes, relies on cooperation and involvement from all levels of government and private citizens. Federal agencies play a role in enforcing the laws, but they cannot do it alone. State and local governments also have responsibilities in enforcing the laws and ensuring compliance, and private citizens can report violations and hold polluters accountable. Voluntary compliance is not sufficient to ensure that environmental laws are being followed and enforced.

Question 16

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

Accepted Answer

The National Pollutant Discharge Elimination System (NPDES) does cover storm water discharges through the issuance of storm water permits.

Question 17

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

Accepted Answer

The Safe Drinking Water Act requires the EPA to establish and enforce standards for drinking water contaminants in public water systems, including maximum contaminant levels (MCLs) for certain pollutants.

Question 18

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

Accepted Answer

According to the Toxic Substances Control Act (TSCA), the EPA has the authority to ban or restrict a toxic substance that presents an unreasonable risk of injury to human health or the environment. If the substance poses an imminent hazard, the EPA can take immediate action to prohibit its use, sale, or distribution.

Question 19

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

Accepted Answer

The EPA has the authority to require manufacturers to conduct testing to determine the potential health and environmental impacts of new chemical compounds before they are allowed to be used commercially. This is part of the agency's mission to protect human health and the environment from harmful chemicals.

Question 20

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

Accepted Answer

Liability under CERCLA can extend to businesses that merge with or acquire corporations that have violated the statute. This is known as successor liability. The successor company may be held liable for the cleanup costs incurred from the predecessor's contamination if certain conditions are met, such as the successor's knowledge of the contamination at the time of acquisition.

Quiz 25: Environmental Law