Deck 46: Environmental Law

Question 1

To reduce harmful emissions, the government forces individuals to install pollution control devices as a substantial cost to the business without governmental help.

Answer 1

False

Question 2

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?

A) The court determined that the agency's production of an environmental assessment and its finding of no significant impact satisfied the agency's minimal burden to justify forgoing the environmental impact statement.
B) The court determined that the agency's production of an environmental assessment and its finding of no significant impact satisfied the agency's minimal burden but that the agency was required to go beyond its minimal burden in order to meet environmental standards and that an environmental impact statement was required.
C) The court determined that the agency's refusal to conduct an environmental impact statement resulted in its failure to meet even minimal standards, and that the agency was required to reconsider the matter and prepare an environmental impact statement.
D) The court determined that while under certain circumstances the agency may forego an environmental impact statement, the plaintiff established that the agency in the present case failed to fully discuss why no adverse environmental effect was at issue which is necessary in order to forego a full environmental impact statement.
E) The court refused to reach the issue of whether a full environmental impact statement was needed because the plaintiff lacked standing to sue.

Answer 2

A

Question 3

A nuisance results if someone unreasonably interferes with another's use of their land.

Answer 3

True

Question 4

Violations of the Clean Air Act can result in both civil and criminal penalties.

Question 5

The U.S has not always seen pollution as a problem.

Question 6

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 Dow filed a declaratory judgment seeking a determination that farmers' claims were preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)? The farmers had sued Dow over a pesticide that allegedly failed to perform as claimed and that damaged peanut crops.

A) The Court found that petitioners' claims alleging defective design were essentially a "disguised" failure-to-warn claim and therefore preempted.
B) The Court found that federal law preempted all the plaintiffs' claims because they essentially requested that the defendant alter its product label.
C) The Court ruled that FIFRA does not preclude states from providing a remedy to those injured as a result of a manufacturer's violation of FIFRA's labeling requirements.
D) The Court ruled that while an attempt to require that the defendant change its label was allowed under FIFRA, a claim for monetary damages was preempted.
E) The Court ruled that while the plaintiffs could proceed with claims of fraud, all other claims were preempted.

Question 7

When a plant emits particulates that fall on a person's property, defacing the house and making it difficult for family members to breathe, a(n) ________ can be brought.

A) negligence claim
B) strict liability claim
C) abatement claim
D) nuisance claim
E) trespass claim

Question 8

When the government issues marketable discharge permits, firms which are easily able to reduce emissions can sell unused permits to other firms that need an allowance.

Question 9

Congress is responsible for enforcing environmental regulations.

Question 10

Underground storage tanks are not regulated in the United States.

Question 11

An environmental impact statement must be filed for every single construction project, no matter how minor.

Question 12

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

Question 13

Every environmental impact statement must contain a detailed statement that includes alternatives to a prosed action.

Question 14

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.

Question 15

In setting primary and secondary National Ambient Air Quality Standards, the EPA is required to consider implementation costs.

Question 16

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?

A) The Court dismissed the lawsuit on the basis that the states had no standing to sue.
B) The Court dismissed the issue as moot on the basis that the EPA already recognized the dangers of global warming and was taking appropriate steps.
C) The Court ordered that standards on the pollutants be set if the EPA found that the emissions at issue contributed to climate change.
D) The Court found that the emissions at issue contributed to climate change and ordered that the EPA set standards in regard to them.
E) The Court refused to consider the matter based on its determination that the issue of whether the emissions affected climate change was within the discretion of the EPA.

Question 17

The government is not allowed to determine how much of a given pollutant should be emitted over the course of a year.

Question 18

Which of the following is the best and oldest way to protect the environment?

A) Tort law
B) Contract law
C) Strict liability
D) Administrative law
E) State statutory law

Question 19

The Toxic Substances Control Act regulates the labeling and use of pesticides.

Question 20

The National Environmental Policy Act (NEPA) was one of the first major environmental laws enacted by the United States.

Question 21

The United States Acid Rain Trading Program of 1990 set up what type of incentive for reducing acid rain?

A) Marketable discharge permits.
B) Government subsidies.
C) Green taxes.
D) Direct regulation.
E) Tort law.

Question 22

________ sets specific limits on the amount of pollutants which can be discharged.

A) Marketable discharge regulations
B) Farmer discharge permits
C) Green taxes
D) Direct regulation
E) State zoning ordinances

Question 23

If emissions standards are established for cars but the cars cannot possibly meet those emissions standards with any current technology or manufacturing processes, the new emissions standards are an example of what type of regulation?

A) Technology-driven
B) Technology forcing
C) Application assuming
D) Invention dependent
E) There are no regulations passed without known technology to implement them because such regulations would be unconstitutional.

Question 24

The government determines a permissible amount of carbon emissions and issues a required number of permits to get to that amount. This is an example of :

A) Marketable discharge permits.
B) Government subsidies.
C) Green taxes.
D) Direct regulation.
E) Tort law.

Question 25

How is the appropriate remedy in a nuisance claim determined?

A) By balancing damages and the cost of nuisance prevention
B) By assessing the actual dollar amount of lost property value
C) By the EPA's published guidelines
D) By calculating the value of misused government subsidies
E) By assessing an ideal amount of green tax

Question 26

Protection of the environment through federal regulations is primarily the responsibility of ________.

A) Congress
B) The Environmental Protection Agency
C) the president
D) state legislatures
E) National Environmental Protection Agency

Question 27

Every five years the EPA must ________ to determine whether new discoveries have shown that the National Ambient Air Quality Standards should be changed.

A) review the scientific evidence
B) meet with governmental scientists
C) meet with international scientists
D) meet with university professors
E) meet with state governors

Question 28

Which of the following is a federal law whose purpose is to protect and improve the quality of the air through the National Ambient Air Quality Standards, mobile-source performance standards, and new-source performance standards?

A) The National Air Quality Act
B) The Federal Air Quality Act
C) The Clean Air Act
D) The Ambient Quality Air Act
E) The Uniform Air Quality Standards

Question 29

The government gives power plants a $10,000 reduction on their annual taxes for each pollution control device installed. The tax reduction is referred to as:

A) Marketable discharge permits.
B) Government subsidies.
C) Green taxes.
D) Direct regulation.
E) Tort law.

Question 30

Referencing the National Ambient Air Quality Standards, ________ standards are standards necessary to protect the public health, including an adequate margin of safety.

A) Conservation
B) Required
C) Primary
D) Secondary
E) Suggested

Question 31

Referencing the National Ambient Air Quality Standards, which of the following are standards that will protect the public welfare (crops, buildings, and animals) from any known or anticipated adverse effect associated with a pollutant?

A) Conservation
B) Required
C) Primary
D) Secondary
E) Suggested

Question 32

A .50 tax on each soda not sold in non-refillable container to discourage use of disposable containers is an example of:

A) Marketable discharge permits.
B) Government subsidies.
C) Green taxes.
D) Direct regulation.
E) Tort law.

Question 33

A state implementation plan established following the establishment of National Ambient Air Quality Standards must address the means by which the state is going to ensure that the pollutants in the air within its boundaries will meet the primary National Ambient Air Quality Standards within ________ of their establishment.

A) Three years
B) Two years
C) Eighteen months
D) Twelve months
E) Nine months

Question 34

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?

A) Technology-driven
B) Technology forcing
C) Application assuming
D) Invention dependent
E) There are no regulations passed without known technology to implement them because such regulations would be unconstitutional.

Question 35

Regulations that aim to achieve the greatest possible improvements while taking into account the existing levels of technology are known as which of the following?

A) Technology-driven
B) Technology forcing
C) Application assuming
D) Invention dependent
E) Technology dependent

Question 36

States that did not meet National Ambient Air Quality Standards are known by which of the following terms?

A) Failure states
B) Marginal areas
C) Nonattainment areas
D) Misguided states
E) Sick states

Question 37

When a nuisance occurs, a party can seek ________ which prohibits the continuation of the nuisance.

A) an injunction
B) a cease and desist order
C) a redistricting
D) a rezoning
E) a new state law to abate the nuisance

Question 38

Once the administrator of the EPA establishes National Ambient Air Quality Standards, who must draft an implementation plan?

A) Congress
B) A commission appointed by the EPA
C) Each state
D) The Senate
E) A commission appointed by the president

Question 39

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?

A) That the company had no liability because it had not intentionally generated the waste.
B) That the company had no liability because it was the responsibility of the federal government to clean up the waste.
C) That the company had no liability because it was the responsibility of the state government to clean up the waste.
D) That the company was liable because it failed to monitor in a manner that would have revealed the waste in a timely manner.
E) That the company was liable under federal law because it failed to clean up the hazardous area in a timely manner.

Question 40

Popular in Europe already, ________ impose taxes on environmentally harmful activities.

A) Lemon laws
B) purple rain laws
C) green taxes
D) red light laws
E) black taxes

Question 41

Which of the following regulates any chemicals or mixtures whose manufacture, processing, distribution, use, or disposal may present an unreasonable risk of harm to human health or the environment?

A) The Toxic Substances Control Act
B) The Federal Insecticide, Fungicide, and Rodenticide Act
C) The Hazardous Chemical Act
D) The Illegal Toxic Substances Act
E) The Health and Environment Control Act

Question 42

For which project would an EIS be required?

A) The construction of a large nuclear power plant bordering Yellowstone National Park which congress has proposed.
B) The construction of a residential home in a neighborhood where it is believed there are wild deer.
C) The expansion by a local township from a one room courthouse to a two room courthouse.
D) The construction of a new "mother-in-law apartment" behind an existing home.
E) The expansion of a playground by a local township.

Question 43

Blackstone Chemical spills polluted water into a local river and is ordered to clean up the pollution. Under what law or regulation does the cleanup order originate from?

A) The Resource Conservation and Recovery Act
B) The Comprehensive Environmental Response, Compensation and Liability Act
C) The Federal Hazardous Waste Act
D) The Hazardous Waste Disposal Act
E) The Authorized Disposal Waste Act

Question 44

The federal law that protects the quality of water in navigable waterways is ________.

A) The Federal Water Pollution Control Act
B) The Safe Navigation Act
C) The Water Control Act
D) The Water Use Act
E) The Water Conservation Act

Question 45

Handling waste from creation through disposal is the focus of which of the following acts?

A) The Resource Conservation and Recovery Act
B) The Comprehensive Environmental Response, Compensation and Liability Act
C) The Federal Hazardous Waste Act
D) The Hazardous Waste Disposal Act
E) The Authorized Disposal Waste Act

Question 46

What is the purpose of the Comprehensive Environmental Response, Compensation and Liability Act?

A) To deal with hazardous waste from nuclear power plants.
B) To clean up existing hazardous sites and respond to hazardous material spills.
C) To work with the oil and gas industry to keep well-sights safe.
D) To set standards for the disposal of batteries in landfills.
E) To help states set standards for waste disposal

Question 47

An Environmental Impact Statement should contain which of the following items?

A) The number and type of jobs the project would create.
B) Expected short-term profit of the project.
C) Expected profit of the project over a five-year span.
D) Alternatives to the proposed action.
E) The number of federal contractors involved along with a projection on the effect of the local economy.

Question 48

Gillian is looking to consult the rules and regulations regarding wetlands. Where should she look?

A) The Safe Water Act
B) The Wetlands Protection Act
C) The Clean Water Act
D) The Water Standards Act
E) Gillian should consult her state's water act

Question 49

What are the 1972 amendments to the Federal Water Pollution Control Act commonly called?

A) The Clean-Up Water Act
B) The Remedial Water Act
C) The Clean Water Act
D) The Ambient Quality Water Standards
E) The Navigable Water Act

Question 50

Which of the following is false regarding the management of nonhazardous solid waste?

A) The federal government sets national standards for municipal solid waste landfills.
B) The federal government provides technical assistance to the states for the management of nonhazardous waste.
C) The federal government provides financial assistance to the states for the management of nonhazardous waste.
D) The federal government requires that each state has a solid waste management plan that must include provisions for encouraging resource conservation or recovery.
E) Managing nonhazardous solid waste is the responsibility of the federal government, not the states.

Question 51

________ enforces the Resource Conservation and Recovery Act?

A) Congress
B) The National Environmental Agency
C) The Environmental Protection Agency
D) The Commission on Resource Conservation
E) The Earth Recovery Agency

Question 52

The city of Normandy is looking to see what the standards for drinking water are before they implement a new water treatment plan. Which of the following would the city planners consult?

A) Clean Water Act
B) The Safe Drinking Water Act
C) The Water Drinking Act
D) The Water Use Act
E) The Water Safety Act

Question 53

A company purposefully disposes of toxic chemicals into the water supply for a nearby township. What penalties could the company face under the Clean Water Act?

A) A maximum $25,000 per day fine.
B) A maximum $250,000 criminal fine
C) A maximum $1 million fine.
D) Jail time only
E) A civil lawsuit only

Question 54

The ________ goals of the Clean Water Act were to be achieved through a system of permits and effluent discharge limitations.

A) technology-driven
B) technology-forcing
C) technology-assuming
D) invention-dependent
E) technology-dependent

Question 55

The Air Toxics Program covers all of the following except:

A) asbestos.
B) H20.
C) benzene
D) mercury
E) vinyl chloride

Question 56

Under what circumstances, if any, does the Environmental Protection Agency give a state the first opportunity to prosecute violators of the Resource Conservation and Recovery Act?

A) When the state has set up its own program for managing hazardous waste that is at least as stringent as the federal program.
B) When the state has reduced hazardous waste production at least 10% per year for each of the previous three years.
C) When the state has reduced hazardous waste production at least 5% per year for each of the previous three years.
D) When the state has stronger criminal penalties for violation of its hazardous waste laws than does the Resource Conservation and Recovery Act.
E) The Environmental Protection Agency never gives a state the first opportunity to prosecute violators of the Resource Conservation and Recovery Act.

Question 57

Under the manifest program, who must maintain records that list the amount and type of all hazardous waste produced, how it is to be transported, and how it will ultimately be disposed?

A) State and local governments
B) the federal government
C) Local, state, and the federal government
D) Generators of hazardous waste
E) Keepers of hazardous waste

Question 58

Which of the following is required of industries emitting pollutants covered by the 1990 Air Toxics Program?

A) That the industries phase in the use of pollution control equipment for the pollutants that meets the maximum achievable control technology standard.
B) That the industries phase in the use of pollution control equipment for the pollutants that meets the maximum affordable control standard.
C) That the industries phase in the use of pollution control equipment for the pollutants that results in at least a 50% reduction in the pollutants each year.
D) That the industries phase in the use of pollution control equipment for the pollutants that results in at least a 30% reduction in the pollutants each year.
E) That the industries phase in the use of pollution control equipment for the pollutants that results in at least a 5% reduction in the pollutants each year.

Question 59

Regarding federal regulation of toxic substances, which of the following statements is accurate?

A) The Toxic Substances Control Act is the only federal act regulating toxic substances.
B) The Federal Insecticide, Fungicide, and Rodenticide Act is the only federal act regulating toxic substances.
C) Three federal acts regulate toxic substances: The Hazardous Chemical Act, the Toxic Substances Control Act, and The Pesticide Regulation Act.
D) The primary federal acts for regulating toxic substances are The Hazardous Chemical Act and The Toxic Substances Control Act.
E) The primary federal acts for regulating toxic substances are the Toxic Substances Control Act and the Federal Insecticide, Fungicide, and Rodenticide Act.

Question 60

Under the Safe Drinking Water Act, which of the following is considered a public water supply system?

A) A water supply system that has at least 15 service connections or serves 25 or more persons.
B) A water supply system that has at least 30 service connections or serves 10 or more persons.
C) A water supply system that has at least 35 service connections and serves 30 or more persons.
D) A water supply system that has at least 10 service connections or serves 50 or more persons.
E) A water supply system that has at least 25 service connections or serves 55 or more persons.

Question 61

Under FIFRA, what happens if a pesticide cannot perform its intended function without unreasonable risks to human health or the environment?

A) The pesticide will not be approved for sale
B) The pesticide will become a controlled substance and possession will result in criminal prosecution.
C) The pesticide may be given a restricted use registration
D) The pesticide will be sold to the public anyway, with a warning label
E) The pesticide will be sold to the public anyway, but only if it treats a pest which carries the risk of spreading disease.

Question 62

Before it can be sold in the US, a pesticide must be ________

A) registered and properly labeled.
B) approved by Congress.
C) approved by Congress and then registered with the FDA.
D) registered with the FDA and monitored for 10 years.
E) registered with the DEA.

Question 63

Which of the following was responsible for establishing a single, health-based standard for pesticide residues in foods sold in the US?

A) The Food Quality Protection Act
B) The Health Based Pesticide Act
C) The Quality of Soil Act
D) Pesticide Residues Act
E) The Environmental Protection Act

Question 64

Which of the following regulates any chemicals or mixtures whose manufacture, processing, distribution, use or disposal may present an unreasonable risk of harm to human health or the environment?

A) The Endangered Air and Water Act
B) Properties and Chemicals Act
C) Federal Insecticide, Fungicide and Rodenticide Act
D) Toxic Substances Control Act
E) The Humane Protection Act

Question 65

Troy Chemical Company is about to introduce a new chemical into the market. What regulation applies to Troy Chemical's new product?

A) The Toxic Substances Control Act
B) The Federal Insecticide, Fungicide, and Rodenticide Act
C) The Hazardous Chemical Act
D) The Illegal Toxic Substances Act
E) The Health and Environment Control Act

Question 66

A company develops a new mosquito spray aimed at destroying Zika-carrying mosquitos. What will it be regulated under?

A) The Marine Protection, Research, and Sanctuaries Act
B) The Federal Insecticide, Fungicide, and Rodenticide Act
C) The Hazardous Chemical Act
D) The Illegal Toxic Substances Act
E) The Health and Environment Control Act

Question 67

Does Malia have a recourse through any action under common law that would be likely to provide her some relief?

A) Yes, an action for nuisance.
B) Yes, an action for trespass.
C) Yes, an action for annoyance.
D) A common law action for environmental assault would be available but only if Malia could establish personal injury.
E) A common law action for environmental assault would be available but only if Malia could establish personal injury and also reduced property value.

Question 68

Which of the following Is NOT a requirement under FIFRA before a pesticide can be sold in the United States?

A) It must be registered
B) It must be properly labeled
C) Its composition must warrant the claims made for it
D) Manufacturer data demonstrates it can perform its intended function
E) It must be demonstrated to pose absolutely no risk to human health or the environment

Question 69

[Smelly Lake] Emilio, who lives on a navigable lake, is unhappy because he believes that a local company is dumping pollutants into the lake, resulting in harm to his property and causing horrible odors. No one swims in the lake anymore. He calls a company official, Sean, who tells him to mind his own business. Sean tells him that the state has no authority, that federal investigators do not have time for Emilio's small smelly lake, that swimming is not a concern of the government, and that any federal penalties are negligible. Emilio tells Sean that he is pushing for big penalties and that Sean is likely to end up in jail. Sean just laughs.
Assuming that Sean's company is engaged in pollution, which of the following identifies the source?

A) Identified
B) Point
C) Specific
D) Specified
E) Standard

Question 70

What does the Federal Insecticide, Fungicide, and Rodenticide Act regulate?

A) ground water run-off
B) pesticides
C) traps for rodents
D) proper ventilation for farm animals
E) water treatment plants

Question 71

[Air Improvement] Malia is very annoyed because a business near her neighborhood has an incinerator that regularly releases pollutants. She discussed the matter with her local city council representative, Leo, who told her that only the federal government can enforce laws involving pollutants; that the government has done so through the establishment of National Ambient Air Quality Standards; and that there is nothing she as an individual can do. Malia tells the council representative that she considers the emissions criminal. Leo just shrugs and replies that industry is never subject to criminal penalties under the Clean Air Act and that only the government can enforce the Clean Air Act anyway.
Is Leo correct that there are no criminal penalties under the Clean Air Act?

A) Yes, he is correct.
B) No, he is incorrect; and criminal penalties include the provision that parties who knowingly violate the act can be subject to criminal fines of up to $1 million per day, and corporate officers are also potentially subject to imprisonment for up to two years for violating certain provisions of the act.
C) No, he is incorrect; and criminal penalties include the provision that parties who knowingly violate the act can be subject to criminal fines of up to $1 million per day, and corporate officers are also potentially subject to imprisonment for up to five years for violating certain provisions of the act.
D) No, he is incorrect; and criminal penalties include the provision that parties who knowingly violate the act can be subject to criminal fines of up to $1 million per month, and corporate officers are also potentially subject to imprisonment for up to two years for violating certain provisions of the act.
E) No, he is incorrect; and although violators are not subject to imprisonment under the act, parties that knowingly violate the act can be subject to criminal fines of up to $1 million per day.

Question 72

Establishing the procedures that must be followed whenever a new chemical is about to be introduced into the market is the primary goal of which of the following acts?

A) The Toxic Substances Control Act
B) The Federal Insecticide, Fungicide, and Rodenticide Act
C) The Hazardous Chemical Act
D) The Illegal Toxic Substances Act
E) The Health and Environment Control Act

Question 73

Which of the following regulates pesticides?

A) The Toxic Substances Control Act
B) The Federal Insecticide, Fungicide, and Rodenticide Act
C) The Hazardous Chemical Act
D) The Illegal Toxic Substances Act
E) The Health and Environment Control Act

Question 74

[Smelly Lake] Emilio, who lives on a navigable lake, is unhappy because he believes that a local company is dumping pollutants into the lake, resulting in harm to his property and causing horrible odors. No one swims in the lake anymore. He calls a company official, Sean, who tells him to mind his own business. Sean tells him that the state has no authority, that federal investigators do not have time for Emilio's small smelly lake, that swimming is not a concern of the government, and that any federal penalties are negligible. Emilio tells Sean that he is pushing for big penalties and that Sean is likely to end up in jail. Sean just laughs.
Regarding Sean's statement that the state had no authority over any pollution for which his company was responsible, which of the following is accurate?

A) While enforcement authority under the Clean Water Act is left primarily with the federal government, the state government also has the authority to monitor, inspect, and enforce.
B) While enforcement authority under the Clean Water Act is left primarily with the federal government, the state government has the authority to monitor although other powers are lacking.
C) Sean is correct.
D) Only the state has the power to enforce the Clean Water Act.
E) Enforcement of such violations under the Clean Water Act is left primarily to the states.

Question 75

[Smelly Lake] Emilio, who lives on a navigable lake, is unhappy because he believes that a local company is dumping pollutants into the lake, resulting in harm to his property and causing horrible odors. No one swims in the lake anymore. He calls a company official, Sean, who tells him to mind his own business. Sean tells him that the state has no authority, that federal investigators do not have time for Emilio's small smelly lake, that swimming is not a concern of the government, and that any federal penalties are negligible. Emilio tells Sean that he is pushing for big penalties and that Sean is likely to end up in jail. Sean just laughs.
Regarding Sean's statement that swimming is not a concern of the government, which of the following is accurate?

A) Sean is correct.
B) Sean is partially correct. Swimming may be a concern of the states, but such swimming is not a concern of the federal government because it does not directly affect harm through, for example, drinking contaminated water.
C) Sean is incorrect only if it can be established that swimmers were incurring physical symptoms such as rashes.
D) Sean is incorrect only if it can be established that the area was designated as an official tourist destination.
E) Sean is incorrect.

Question 76

When a pesticide is registered under FIFRA, tolerance levels for its residues will be established by ________.

A) Congress
B) the Senate
C) the Food and Drug Administration
D) the EPA
E) state legislatures

Question 77

Glue-off is a popular chemical for removing glue, but it could present a significant risk to human health if it is used or disposed of improperly. What laws or regulations would Glue-off be regulated under?

A) The Toxic Substances Control Act
B) The Federal Insecticide, Fungicide, and Rodenticide Act
C) The Hazardous Chemical Act
D) The Illegal Toxic Substances Act
E) The Health and Environment Control Act

Question 78

[Air Improvement] Malia is very annoyed because a business near her neighborhood has an incinerator that regularly releases pollutants. She discussed the matter with her local city council representative, Leo, who told her that only the federal government can enforce laws involving pollutants; that the government has done so through the establishment of National Ambient Air Quality Standards; and that there is nothing she as an individual can do. Malia tells the council representative that she considers the emissions criminal. Leo just shrugs and replies that industry is never subject to criminal penalties under the Clean Air Act and that only the government can enforce the Clean Air Act anyway.
Is Leo correct that only the federal government can enforce the Clean Air Act?

A) Yes, he is correct.
B) No, he is incorrect because either the federal government or state environmental agencies may enforce the Clean Air Act.
C) No, he is incorrect because only the states may enforce the Clean Air Act.
D) No, he is incorrect because only the states or individuals may enforce the Clean Air Act.
E) No, he is incorrect because the federal government, individuals, or state environmental agencies may enforce the Clean Air Act regulations involving carbon monoxide emissions.

Question 79

A pesticide that fails the third criteria may be given restricted-use registration, meaning.

A) that it can be applied by only a certified applicator with specialized knowledge or can be sold for use only during certain seasons or in certain quantities.
B) that the pesticide can never be used except for in test situations.
C) the federal government will control release of the pesticide.
D) the manufacturer must test soils every 2 months to see if there are any adverse impacts.
E) the pesticide cannot be used until it is reformulated until it meets all the criteria.

Question 80

Under TSCA, every manufacturer of a new chemical must submit a premanufacturing notice (PMN) or