Question 1

A nuisance arises when one person uses his or her property in a manner that unreasonably interferes with another's use and enjoyment of his or her land.

Accepted Answer

A nuisance arises when a person uses his or her property in a manner that unreasonably interferes with another's use and enjoyment of his or her land.

Question 2

The oldest legal means of protecting the environment is ______ law.

Accepted Answer

Tort law is the oldest means of protecting the environment.

Question 3

Environmental regulations are enforced primarily through lawsuits started in the state court systems.

Accepted Answer

Environmental regulations are enforced primarily by administrative agencies through administrative proceedings.

Question 4

For a number of years which of the following has been the primary agency responsible for the passage and enforcement of federal regulations protecting the environment?

Accepted Answer

Environmental law consists primarily of regulations passed by a federal agency, the Environmental Protection Agency (EPA), operating under the direction of Congress.

Question 5

Drinking-water suppliers must provide every household with annual reports detailing the water contaminants in the household's drinking water and the health problems the contaminants may cause.

Accepted Answer

Under the "right to know" provision of the 1996 Safe Drinking Water Act amendments, drinking-water suppliers must provide every household with annual reports detailing the water contaminants in their drinking water and the health problems they may cause.

Question 6

Pollution has not always been seen as a problem in the U.S.

Accepted Answer

Once we viewed evidence of pollution, such as black smoke billowing in the air, as the sign of a productive economy.

Question 7

The United States has not signed the Kyoto Agreement.

Accepted Answer

The protocol, which has been ratified by 192 parties, went into effect without the United States as a signatory.

Question 8

Which of the following references regulations aim to achieve the greatest possible improvements while taking into account the existing levels of technology?

Accepted Answer

Some standards are technology-driven, meaning that they are set to achieve the greatest possible improvements while taking into account existing levels of technology.

Question 9

Incineration is viewed as the last resort for disposal of hazardous waste.

Accepted Answer

Congress amended RCRA twice to make advanced treatment, recycling, incineration, and other forms of hazardous waste treatment the primary means of disposing of hazardous waste.

Question 10

______ taxes reference the taxation of environmentally harmful activities.

Accepted Answer

An idea that is popular in Europe and gaining interest in the United States is the imposition of green taxes on environmentally harmful activities.

Question 11

Under a subsidy system, the government gives firms tax credits, low-interest loans, and/or grants if they install pollution control devices or change their production methods to reduce harmful emissions.

Accepted Answer

Under a subsidy system, the government gives firms tax credits, low-interest loans, and/or grants if they install pollution control devices or change their production methods to reduce harmful emissions.

Question 12

Which of the following was the result in the Case Opener, the case in which the company was found to have generated waste with excessive concentrations of PCBs?

Accepted Answer

The company was found to have violated Section 15 of TSCA and a section of the Code of the Federal Regulations by failing to clean up a hazardous area in a timely manner.

Question 13

Which of the following, if any, references regulations passed primarily on health considerations with the assumption that once standards have been established, industries will be forced to develop the technology to meet the standards?

Accepted Answer

Most early environmental regulations in the United States were technology forcing, meaning that they were based primarily on health considerations, with the assumption that once standards had been established, industries would be forced to develop technology to meet them.

Question 14

The ultimate goal of the "polluter and user pay" approach is to phase out environmentally harmful action through the imposition of a tax.

Accepted Answer

The ultimate goal of the "polluter and user pay" approach is to phase out environmentally harmful action through the imposition of a tax.

Question 15

Which of the following was the result at the U.S. Supreme Court in Bates v. Dow Agrosciences, LLC, the case in the text in which the Dow filed a declaratory judgment seeking a determination that farmers' claims against it involving a pesticide that allegedly failed to perform as claimed and damaged peanut crops were preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)?

Accepted Answer

According to the Court, "although FIFRA does not provide a federal remedy to farmers and others who are injured as a result of a manufacturer's violation of FIFRA's labeling requirements, nothing in § 136v(b) precludes States from providing such a remedy."

Question 16

Which of the following was the result on appeal in Brodsky v. United States Nuclear Regulatory Commission, the case in the text in which the plaintiff claimed that the Nuclear Regulatory Commission erred in not producing an environmental impact statement?

Accepted Answer

According to the court, the agency was not required to say more than what was contained in the environmental assessment which contained an "extended discussion of why the exemption does not create any fire safety risk, examines whether this exemption would have any other adverse environmental effect, and considers the alternative of not granting the exemption (and thereby requiring compliance)."

Question 17

Germany has a law that requires that manufacturers be responsible for their product's packaging, and the packaging may be disposed of in the public waste disposal system.

Accepted Answer

Germany has found one effective way to help alleviate problems with trash: manufacturers must take back packing materials for their products such as crates, drums, boxes, and shrink wrap. They may not dispose of these items in the public waste disposal system.

Question 18

When a plant emits particulates that fall on a person's property, defacing the house and making it difficult for family members to breathe, which of the following is a theory on which the homeowner would most likely proceed?

Accepted Answer

When a plant emits particulates that fall on a person's property, defacing the house and making it difficult for family members to breathe, the homeowner can sue the plant's operator for nuisance.

Question 19

The EPA is required to consider implementation costs in setting primary and secondary National Ambient Air Quality Standards.

Accepted Answer

The EPA may not consider implementation costs in setting primary and secondary NAAQS under Section 109(b) of the CAA.

Question 20

Which of the following was the result at the U.S. Supreme Court level in Massachusetts v. EPA, the case in the text in which Massachusetts led several states in a lawsuit asking that the EPA be ordered to establish vehicle emission standards for carbon dioxide and five other greenhouse gasses?

Accepted Answer

The high court and ruled that such standards should be set if the EPA finds that these emissions contribute to climate change. This case was considered a "landmark case" because it was the first time the EPA was ordered to recognize that global warming endangers human health.

Quiz 46: Environmental Law

A nuisance arises when one person uses his or her property in a manner that unreasonably interferes with another's use and enjoyment of his or her land.

The oldest legal means of protecting the environment is ______ law.

Environmental regulations are enforced primarily through lawsuits started in the state court systems.

For a number of years which of the following has been the primary agency responsible for the passage and enforcement of federal regulations protecting the environment?

Drinking-water suppliers must provide every household with annual reports detailing the water contaminants in the household's drinking water and the health problems the contaminants may cause.

Pollution has not always been seen as a problem in the U.S.

The United States has not signed the Kyoto Agreement.

Which of the following references regulations aim to achieve the greatest possible improvements while taking into account the existing levels of technology?

Incineration is viewed as the last resort for disposal of hazardous waste.

______ taxes reference the taxation of environmentally harmful activities.

Under a subsidy system, the government gives firms tax credits, low-interest loans, and/or grants if they install pollution control devices or change their production methods to reduce harmful emissions.

Which of the following was the result in the Case Opener, the case in which the company was found to have generated waste with excessive concentrations of PCBs?

Which of the following, if any, references regulations passed primarily on health considerations with the assumption that once standards have been established, industries will be forced to develop the technology to meet the standards?

The ultimate goal of the "polluter and user pay" approach is to phase out environmentally harmful action through the imposition of a tax.

Which of the following was the result on appeal in Brodsky v. United States Nuclear Regulatory Commission, the case in the text in which the plaintiff claimed that the Nuclear Regulatory Commission erred in not producing an environmental impact statement?

Germany has a law that requires that manufacturers be responsible for their product's packaging, and the packaging may be disposed of in the public waste disposal system.

When a plant emits particulates that fall on a person's property, defacing the house and making it difficult for family members to breathe, which of the following is a theory on which the homeowner would most likely proceed?

The EPA is required to consider implementation costs in setting primary and secondary National Ambient Air Quality Standards.

Which of the following was the result at the U.S. Supreme Court level in Massachusetts v. EPA, the case in the text in which Massachusetts led several states in a lawsuit asking that the EPA be ordered to establish vehicle emission standards for carbon dioxide and five other greenhouse gasses?