Deck 18: Environmental Law

Question 1

New sources of water pollutants must install pollution-control equip-ment before beginning operations.

Answer 1

True

Question 2

Federal law provides the basis for issuing regulations to control multistate air pollution.

Answer 2

True

Question 3

Businesses that engage in ultrahazardous activities are not liable for any injuries the activities cause.

Answer 3

False

Question 4

There are no plans to develop national standards regulating the fuel economy and emissions for medium- and heavy-duty trucks.

Question 5

The Environmental Protection Agency has concluded that greenhouse gases,including carbon dioxide emissions,do not constitute a public danger.

Question 6

A public authority,such as a state's attorney general,can sue to stop a "public" nuisance.

Question 7

The National Pollutant Discharge Elimination System focuses on industrial wastewater and storm water discharges.

Question 8

State laws may regulate a business's disposal of toxic wastes.

Question 9

Injured individuals can rely on the common law to obtain damages and injunctions against business polluters.

Question 10

Different standards for air quality apply to existing sources of pollution and major new sources.

Question 11

An environmental impact statement is required for every major federal action that significantly affects the quality of the environment.

Question 12

Persons who provide information about violators of the Clean Air Act may be paid up to $10,000.

Question 13

National Pollutant Discharge Elimination System permits can be issued even if a discharge will violate water-quality standards.

Question 14

The primary responsibility for preventing and controlling air pollution rests with the federal government.

Question 15

National effluent (pollution)standards are set by the Environmental Protection Agency for each industry.

Question 16

Those who knowingly violate the Clean Air Act may be subject to civil penalties but not criminal penalties.

Question 17

Only the federal government may restrict emissions from motor vehicles.

Question 18

The Environmental Protection lists all hazardous air pollutants (HAPs)on a prioritized schedule.

Question 19

The Environmental Protection Agency periodically updates the air pollution standards.

Question 20

Performance standards for major sources of air pollution require the use of the any available technology,or AAT.

Question 21

Oscar begins to operate a hog farm next to Robyn's vineyard and winery.Robyn files a suit against Oscar,alleging that the hog farm is a source of pollution,a nuisance,and unreasonably inter-feres with Robyn's enjoyment of her property.The court is most likely to award Robyn damages

A)if letting the pollution continue is equally as harmful as stopping it.
B)if letting the pollution continue is less harmful than stopping it.
C)if letting the pollution continue is more harmful than stopping it.
D)under no circumstances.

Question 22

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

Question 23

The courts have considerably scaled back the Clean Water Act's protection of wetlands.

Question 24

Under the Safe Drinking Water Act,each supplier of drinking water is required to send every household that it supplies with water an annual statement describing the source.

Question 25

Ultrahazard Removal & Disposal Corporation transports radioactive materials.Vincent,an Ultrahazard employee,is diagnosed with radiation sickness after exposure to the materials.Vincent's suit against Ultrahazard to recover for the injury is known as​

A)an environmental impact statement.
B)a nuisance.
C)a toxic tort.
D)a hazardous substance response.

Question 26

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

Question 27

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

Question 28

The Safe Drinking Water Act requires the EPA to set maximum levels for pollutants in public water systems.

Question 29

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

Question 30

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

A)if letting the pollution continue is equally as harmful as stopping it.
B)if letting the pollution continue is less harmful than stopping it.
C)if letting the pollution continue is more harmful than stopping it.
D)under no circumstances.

Question 31

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

Question 32

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

A)a distinct harm separate from that affecting the general public.
B)a lesser harm than an injunction would impose on Wall Paint.
C)Wall Paint's failure to use reasonable care to avert herm to Verna.
D)the same harm as that affecting the general public.

Question 33

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.

Question 34

The Environmental Protection Agency can regulate a toxic substance that poses an imminent hazard but cannot prohibit its use altogether.

Question 35

Refuse Reuse & Disposal Center operates a recycling plant.Stan and other Refuse Reuse neighbors 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

A)a negligence theory.
B) a nuisance theory.
C) any theory.
D)a strict liability theory.

Question 36

Any point source emitting pollutants into water must have a permit.

Question 37

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

Question 38

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

Question 39

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

Question 40

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

Question 41

Vending Products Company operates a vending machine manufacturing plant on Wilde River.Discharging pollutants from the plant into the river can re-sult in​

A)civil penalties and criminal penalties.
B)civil penalties only.
C)criminal penalties only.
D)no penalties.

Question 42

Fried Food,Inc.,operates a commercial frying plant,discharging pollutants into the air.Greg reports the violations to the Environmental Protection Agency.Greg

A)is not entitled to a payment.
B)may be paid up to any amount.
C)may be paid up to $1,000.
D)may be paid up to $10,000.

Question 43

Regulations governing air pollution cover mobile and stationary sources.Those who may be subject to penalties for violations of the Clean Air Act include​

A)corporate officers who knowingly violate the act.
B)persons who provide information about violators but otherwise fail to act.
C)private citizens who fail to sue violators.
D)none of the choices.

Question 44

Energy Market Corporation wants to build a wind power plant on pri-vate land,for which a federal permit is required.For this action,an en-viron-mental impact statement is​

A)prohibited.
B)required.
C)unnecessary.
D)voluntary.

Question 45

New Town Construction,Inc.,wants to build a parking ramp to connect to its New Town Mall,both of which are on private land.For this action,an environmental impact statement is​

A)prohibited.
B)required.
C)unnecessary.
D)voluntary.

Question 46

Grease & Lubricants Inc.makes its products without required pollution control technology,causing a discharge of oily waste into the nearby Holly Lake.This activity can re-sult in​

A)a fine.
B)an injunction.
C)imprisonment.
D)all of the choices.

Question 47

Clean n' Green,Inc.,operates a chain of car washes throughout the United States.The government entity that is most likely to be involved in regulating the chain's environmental impact is​

A)Congress.
B)federal and state regulatory agencies.
C)local chambers of commerce.
D)local police departments.

Question 48

Green River Energy Corporation wants to begin operations that include the discharge of waste into navi-gable waters.Under the Clean Water Act,Green River must install certain equipment

A)after beginning operations.
B)before beginning operations.
C)during operations.
D)only if a regulatory agency challenges the discharge.

Question 49

Energy Resources,Inc.,operates an oil refinery near Forest River,which flows into Grove Lake.Discharging oil from the refinery into the river can result in​

A)penalties and damages.
B)penalties only.
C)damages only.
D)none of the choices.

Question 50

The National Park Service hires Outdoor Play,Inc.,to replace outdated playground equipment in a handful of national parks.For this action,an environmental impact state-ment is most likely​

A)prohibited because the action does not affect the environment.
B)required because the action is "federal."
C)unnecessary because the action is not "major."
D)voluntary because the action does not affect the environment.

Question 51

The operations of Metal Refining Industries,Inc.,are major sources of air pollu-tion.These operations must use​

A)the absolutely cleanest air technology.
B)the best available filter technology.
C)the maximum achievable control technology.
D)the most affordable scrubbing technology.

Question 52

Without a permit,Timberline Plywood Company discharges its untreated wastewater into Urban City's storm drainage pipes,which empty into Valley Creek.Under the Clean Water Act,this discharge is most likely​

A)a violation.
B)not a violation because the company does not have a permit.
C)not a violation because water is not a stationary source.
D)not a violation because a storm drainage pipe is not a point source.

Question 53

Congress enacts a new air quality statute that applies to businesses.To enforce federal environmental legislation,the federal government relies on​

A)all levels of government and private citizens.
B)federal agencies only.
C)local sheriffs and police departments.
D)businesses' voluntary compliance.

Question 54

Bread Baking Company operates a commercial baking plant-a "major source"-that emits hazardous air pollutants for which the Environmental Protection Agency has set maximum levels of emission.The plant does not use any equipment to reduce its emissions.Under the Clean Air Act,this is most likely​

A)a violation.
B)not a violation because baking is not considered to be polluting.
C)not a violation because the plant does not use any equipment.
D)not a violation because the plant is not a mobile source.

Question 55

Nashville,Tennessee,passes an ordinance to regulate waste disposal.The disposal of waste may also be regulated by​

A)all other levels of government.
B)no other levels of government.
C)the federal government only .
D)the Tennessee state government only.

Question 56

Without a permit from the U.S.Army Corps of Engineers,Holiday Timeshares,Inc.,fills a wetlands area that it owns before constructing a residential resort.Under the Clean Water Act,this is most likely​

A)a violation.
B)not a violation because a permit is not needed to fill wetlands.
C)not a violation because the area was filled before construction.
D)not a violation because there was no discharge of pollution.

Question 57

Rural Electric Company submits a bid to build a dam on federal land as part of a federal project.For this action,an environmental impact state-ment is most likely​

A)prohibited.
B)required.
C)unnecessary.
D)voluntary.

Question 58

Metal Smelting,Inc.,operates a plant-a "major source"-that emits hazardous air pollutants for which the Environmental Protection Agency has set maximum levels of emission.The plant does not use any equipment to reduce its emissions.Under the Clean Air Act,this is most likely​

A)a violation.
B)not a violation because a "major source" is exempt.
C)not a violation because the plant does not use any equipment.
D)not a violation because the plant is not a mobile source.

Question 59

Ski Resorts,Inc.,wants to add a new run to its facility in a national park on federal land.For this action,an environmental impact statement is​

A)prohibited.
B)required.
C)unnecessary.
D)voluntary.

Question 60

Industrial Solvents,Inc.,averages $15,000 profit per day before deciding to ignore air pollution standards,after which the average is $30,000.Industrial Solvents is subject to a fine of​

A)$0.
B)$15,000 per day.
C)$30,000 per day.
D)$30,000 total.

Question 61

Under the Marine Protection,Research,and Sanctuaries Act (the Ocean Dumping Act),Coastline Chemicals,Inc.,may dump its chemical waste into the ocean

A)after obtaining a permit.
B)before obtaining a permit.
C)without a permit.
D)not at all.

Question 62

A barge owned by Bayshore Shipping Company discharges some of the oil contained in its hold into Chesapeake Bay and onto the shore.Under the Oil Pollution Act,this is most likely​

A)a violation.
B)not a violation because an oil discharge is not pollution.
C)not a violation because a floating barge is not a stationary source.
D)not a violation because a ship's hold is not a point source.

Question 63

Before being transported,hazardous waste generated by Perilous Fabrication,Inc.,must be properly labeled and packaged under the Resource Conservation and Recovery Act by​

A)the federal Environmental Protection Agency.
B)the local Resource Conservation and Recovery Committee.
C)the state Environmental Regulatory Commission.
D)Perilous Fabrication,Inc.

Question 64

Remote Disposal Company operates a hazardous waste storage facility.Concerned that there may be a release of chemicals from the site,Remote sells the property to Serene Developers,Inc.If there is a release,Remote is most likely​

A)liable.
B)not liable because the site was sold before the release.
C)not liable because Remote was concerned about the release.
D)not liable because Remote no longer operates the facility.

Question 65

Metro City operates its own municipal public drinking water system for which the Environmental Protection Agency has set maximum levels of pollutants.Metro does not use any equipment to meet these standards.With regard to any contamination of the water,under the Safe Drinking Water Act,this is most likely​

A)a violation.
B)not a violation because Metro does not set the standards.
C)not a violation because water is not a stationary source.
D)not a violation because Metro does not use any equipment.

Question 66

Noxious,Inc.,makes and sells pesticides.If a substance is identified as harmful and the harm is imminent,the Environmental Protection Agency can​

A)conduct an inspection of Noxious's plant.
B)declare the substance to be unregulated and allow its production.
C)ignore the risk if the benefit outweighs the harm.
D)order the substance to be sold in an adulterated form.

Question 67

BioChemical Disposal Corporation operates a hazardous waste storage facility.ChemCo Inc.buys BioChemical before it is discovered that the firm's disposal practices violated CERCLA.With respect to these violations,Superfund imposes on ChemCo​

A)strict liability.
B)liability under the nuisance doctrine.
C)liability on a negligence theory.
D)no liability.

Question 68

Bertha owns land located outside Centre City.Bertha sells the land to Disposal & Recycling,Inc.,which establishes a hazardous waste disposal facility at the site.Disposal & Recycling accepts only waste transported by Eco Trucking Inc.exclusively from Federated Industries,Inc.Several years later,Disposal & Recycling closes its facility and sells the land to Garden Variety Retail Corporation,which builds a Home & Yard store on the site.Meanwhile,some of Centre City's citizens complain to the Environmental Protection Agency (EPA)that the city's municipal water supply is pol-luted.The EPA investigates and discovers that the sources of the pollu-tion are leaks of hazardous waste from what is now the Home & Yard site.The EPA cleans up the site.Who can be held liable for the cost of cleaning up the site? What standards must Centre City meet regarding the water?

Question 69

County Water & Sewer operates a public water supply system.County Water must send to every household that it supplies with water an annual statement describing​

A)County Water's financial situation and material facts that might affect it.
B)other operations,such as irrigation and water conservation,in which County Water is involved and to what extent.
C)parties who might be held liable if pollution problems arise.
D)the source of the water,and any contaminants and health concerns.

Question 70

Smelting & Refining Company generates solid waste considered haz-ardous.The company labels and packages properly all waste to be trans-ported to a disposal site.Under the Resource Conservation and Recovery Act,this is most likely​

A)not a violation.
B)a violation because Smelting & Refining generates solid waste.
C) a violation because the waste is transported off-site.
D)a violation because the waste is considered hazardous.

Question 71

Hi-Yield Agriculture,Inc.,makes a pesticide with a one-in-a-million risk to people of developing cancer from exposure.This substance must be​

A)disposed of before anyone develops cancer.
B)registered before it is sold.
C)taken off the market and placed in temporary storage.
D)used only in a way that avoids exposure to people.

Question 72

Metal Smelting & Foundry Inc.'s complex spews smoke and odors.The site features its own rail system,and trucks enter and exit the com-plex night and day.Neal and other residents of an adjacent neighbor-hood can feel the vibrations of the trains and trucks,and suffer other ef-fects from the operations.Neal and others file a suit against Metal Smelting.Why might the court rule in favor of the defendant?