Question 1

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

Accepted Answer

Liability can extend to businesses that merge with or buy corporations that have violated CERCLA, as they may be held responsible for the contaminated site cleanup. This is known as successor liability.

Question 2

Regional Disposal Center operates a recycling plant. Stan and other citizens file a suit, alleging injuries from the plant. To succeed, they must show that the defendant failed to use reasonable care if the suit is based on​

Accepted Answer

In a negligence theory, the plaintiffs must prove that the defendant failed to use reasonable care or acted negligently, which resulted in their injuries. Therefore, to succeed in their suit, Stan and the other citizens must show that Regional Disposal Center did not use reasonable care in operating the recycling plant, which led to their alleged injuries. In strict liability theory, the defendant is held liable regardless of fault or reasonable care. Nuisance theory involves a different type of claim, which focuses on the interference with the use and enjoyment of property rather than negligence or fault. Therefore, the best choice is A) a negligence theory.

Question 3

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

Accepted Answer

This is a requirement under the Safe Drinking Water Act in the United States.

Question 4

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

Accepted Answer

This is true. The Clean Water Act (CWA) sets standards for discharging pollutants into surface waters, including toxic chemicals. These regulations require permits for discharging pollutants into navigable waters, and set limits on the amount and type of pollutants that can be discharged. These permits also require the use of best management practices to minimize the environmental impact of the discharge.

Question 5

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

Accepted Answer

Wetlands are federally regulated by the U.S. Army Corps of Engineers, and a permit is required to fill or dredge them.

Question 6

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 issue a ban on a toxic substance if it poses an imminent hazard to human health or the environment. This can include banning the production, importation, processing, and distribution of the substance.

Question 7

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 known as​

Accepted Answer

Vince's suit would fall under the category of toxic tort, which pertains to personal injury caused by exposure to a toxic substance.

Question 8

When a release of hazardous chemicals from a site occurs, potentially responsible parties can avoid liability through transfer of ownership.

Accepted Answer

Transfer of ownership does not relieve potential responsible parties from liability for hazardous chemical releases. A new owner may become responsible for the contamination, but the previous owner remains potentially liable as well.

Question 9

Gil begins to operate a hog farm next to Ilene's vineyard. She files a suit, alleging that the farm is a source of pollution, a nuisance, and unreasonably interferes with the enjoyment of her property. The court is most likely to award damages

Accepted Answer

The answer of Gil begins to operate a hog farm...

Question 10

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

Accepted Answer

Many point sources, such as factories and sewage treatment plants, emit pollutants into water and require a permit under the Clean Water Act. However, there are certain exemptions and exclusions specified in the Act that may allow some point sources to operate without a permit.

Question 11

There are no defenses to liability under the Comprehensive Environmental Response, Compensation, and Liability Act.

Accepted Answer

The answer of There are no defenses to liability under...

Question 12

Public water system operators must meet the Environmental Protection Agency's standards regardless of the economic and technological feasibility.

Accepted Answer

The answer of Public water system operators must meet the...

Question 13

Harry makes a living by commercial fishing in a river allegedly polluted by Industrial Paint Company. To bring a suit against Industrial Paint on the ground of private nuisance, Harry must allege that he suffers from

Accepted Answer

Private nuisance requires that the plaintiff suffer a distinct, substantial harm that is different from that suffered by the rest of the public, even if the harm is caused by the same activity or use of the defendant's land. Therefore, Harry must allege that he is suffering from a distinct harm separate from that affecting the general public to bring a suit against Industrial Paint on the grounds of private nuisance.

Question 14

It is a violation of federal law to destroy or deface any labeling required on a pesticide or herbicide.

Accepted Answer

It is a violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to destroy or deface any labeling required on a pesticide or herbicide. This includes the product label, warning labels, and directions for use.

Question 15

The Clean Water Act permits the filling or dredging of wetlands without a permit.

Accepted Answer

The Clean Water Act requires a permit for the filling or dredging of wetlands, except in certain limited circumstances.

Question 16

Any oil facility that discharges oil into navigable waters or onto an adjoining shore may be liable for cleanup costs, as well as damages.

Accepted Answer

This is a provision under the Oil Pollution Act of 1990, which holds oil facilities responsible for the cleanup and damages caused by oil spills into navigable waters or on adjacent shorelines.

Question 17

Under the Clean Water Act, criminal penalties apply whether a violation was intentional or unintentional.

Accepted Answer

The answer of Under the Clean Water Act, criminal penalties...

Question 18

It is a violation of federal law to sell a pesticide or herbicide that has a chemical strength different from the concentration declared on the label.

Accepted Answer

This is true according to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), which requires that pesticides be registered and labeled before they are sold, distributed, or used in the United States. The label must include the correct chemical strength and concentration of the active ingredients in the product. Selling a product with a different chemical strength or concentration than what is declared on the label is a violation of this law.

Question 19

Mineral Company operates a gravel pit next to Nora's residence. Nora files a suit against Mineral, alleging that the pit is a source of pollution, a nuisance, and unreasonably interferes with the enjoyment of her property. The court is most likely to award Norah an injunction

Accepted Answer

The court is most likely to award Norah an injunction if letting the pollution continue is more harmful than stopping it. The court's primary objective here is to determine if the activity of the defendant is causing harm to the plaintiff's property. If the activity is causing more harm than good, an injunction would be the most appropriate remedy, and Mineral may be asked to stop or limit their activities.

Question 20

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

Accepted Answer

This is mandated by the Safe Drinking Water Act.

Quiz 25: Environmental Protection