Deck 18: Environmental Law

Question 1

is the common law doctrine basis for modern environmental protection laws.

Answer 1

Nuisance

Question 2

Each state sets water quality standards,independent of the EPA.

Answer 2

False

Question 3

Under the Clean Air Act (CAA), determine how to achieve the National Ambient Air Quality Standards (NAAQS).

Answer 3

state legislatures

Question 4

The Environmental Protection Agency (EPA)does not work with other agencies to carry out its duties.

Question 5

The Comprehensive Environmental Response Compensation and Liability Act (CERCLA)is also known as the .

Question 6

Federal environmental laws are primarily administered,implemented,and enforced by the
Agency.

Question 7

The National Environmental Policy Act (NEPA)sets out a for making decisions.

Question 8

The Resource Conservation and Recovery Act (RCRA)applies only to active facilities,not future ones.

Question 9

The Act is the most important wildlife protection legislation.

Question 10

In addition to being enforced by the EPA,the Clean Water Act (CWA)is also enforced by the U.S.Army Corp of Engineers.

Question 11

If businesses or individuals emit a substance into a water source as part of their facilities' operation,they are only required to have a permit if they are causing pollution.

Question 12

Fixed-site emitters of air pollutants are known as sources of air pollution.

Question 13

If a shipwreck causes an oil spill,the legislation that regulates it is known as the Act.

Question 14

Nuisance suits allow an individual to sue a polluter to protect the community from environmental damage.

Question 15

The Safe Drinking Water Act (SDWA)sets standards that differ based on the size and usage of the water system.

Question 16

Most federal environmental laws require that states work in conjunction with the EPA to implement and enforce them.

Question 17

The Superfund imposes liability on the principally responsible parties.

Question 18

In order to file a lawsuit to enforce an environmental regulation,an individual must be authorized to do so by the statute.

Question 19

The National Environmental Policy Act (NEPA)applies to interstate highway construction.

Question 20

provisions are part of many environmental statutes that allow third parties to file a lawsuit.

Question 21

Superfund requires that all states have emergency procedures in place in the event of a chemical spill.

Question 22

There is no federal requirement for businesses to disclose the presence of certain chemicals to their community.

Question 23

Short-term contamination sites are not required to be placed on the National Priorities List.

Question 24

The National Environmental Policy Act (NEPA)prevents public notice that might enable a citizen to influence an agency's decision.

Question 25

Most states do not have laws that require state and local governments to consider the environmental impacts of their decisions when taking actions that might reasonably affect the environment.

Question 26

For situations in which there is an immediate threat of contamination due to a release of hazardous materials,Superfund does not require immediate removal of the hazardous materials in question.

Question 27

Property owners of contaminated land are exempt from liability for cleanup if they were unaware of the pollution at the time they bought the property.

Question 28

The Environmental Impact Statement (EIS)is a procedural requirement for any action that might affect the environment.

Question 29

A market-based approach does not give a business options about how to comply with pollution standards.

Question 30

Banks that become owners of contaminated property through foreclosure are jointly and severally liable for cleanup costs even if they had nothing to do with the actions leading to contamination of the property.

Question 31

Existing sources of pollution are required to install the best available technology to obtain a permit to release substances into a water source.

Question 32

Car performance standards are regulated by the EPA.

Question 33

Government officials do not negotiate with principally responsible parties to figure out their contribution toward cleaning up polluted sites.

Question 34

Citizen suit provisions are common in federal and state environmental statutes.

Question 35

The Endangered Species Act (ESA)is administered by both the Department of Commerce and the Department of the Interior.

Question 36

The Clean Air Act requires a new permit when minor modifications are made to a plant by a current permit holder.

Question 37

The EPA may enforce its rules and regulations through criminal prosecutions.

Question 38

Only property owners are liable for cleanup costs of contaminated sites under Superfund laws.

Question 39

The Clean Air Act (CAA)prevents businesses from buying and selling pollution allowances.

Question 40

The National Environmental Policy Act (NEPA)focuses on achieving results like clean air and water.

Question 41

Which of the following is not regulated through the Transport and Air Quality Program?

A) Tailpipe emissions.
B) The distance that semitrucks may travel in one day.
C) Performance standards.
D) The composition of fuel.

Question 42

Which of the following is not a major federal environmental law?
A) Clean Air Act.

A) Clean Water Act.
B) Clean Land Act.
D) Safe Drinking Water Act.

Question 43

Who sets the water quality standards for the navigable waters in a state under the Clean Water Act (CWA)?
A) States.

A) The Waterways Protection Agency.
B) Congress.
D) The U.S. Army Corps of Engineers.

Question 44

Actions by which of the following would fall under the National Environmental Policy Act (NEPA)?

A) Joe Jackson, a private citizen.
B) Colorful Paint Company, a business.
C) New York's Department of Transportation.
D) Food and Drug Administration.

Question 45

are regulations that set out the average miles-per-gallon requirements for vehicles.

A) Liquid Energy Efficiency requirements
B) Fuel Efficiency standards
C) Corporate Average Fuel Economy standards
D) Motor Vehicle standards

Question 46

In Goodrich Corp.v.Town of Middlebury,there were two public landfills that were designated as Superfund sites.The principally responsible parties formed a coalition to sue several municipalities for assistance in cleanup costs.During the litigation,a special master was appointed to determine which parties contributed waste and how much each contributed.When the case went to trial,the district court chose not to follow the determinations of the special master; instead,the court itself determined the liability of the municipalities.The decision was appealed.The appellate court determined that disregarding the special master's determination of liability was

A) permissible for the district court because it was within its rights to determine that the municipalities were more liable than the special master had determined.
B) not permissible because the district court was legally bound by the Superfund to accept the liability findings of the special master.
C) permissible because the special master should not have been appointed.
D) not permissible because there was no error of law in the determination of liability.

Question 47

Which of the following is one of the main criticisms of Superfund,according to the critics?

A) Taxpayers fund too much of the cleanup costs.
B) It is too difficult to determine who is responsible for contamination.
C) The Superfund does not halt further environmental damage from toxic waste sites.
D) Transporters of hazardous waste should not be held liable for transporting the materials.

Question 48

What legislation amended the Comprehensive Environmental Response Compensation and Liability Act (CERCLA)?

A) Revised Environmental Response Compensation and Liability Act (RERCLA).
B) National Environmental Policy Act (NEPA).
C) Superfund Amendments and Reauthorization Act (SARA).
D) Resource Conservation and Recovery Act (RCRA).

Question 49

Superfund governs the cleanup of hazardous substances through which of the following methods?

A) Removal and remedial actions.
B) Removal, remedial, and prevention actions.
C) Removal actions.
D) Remedial actions.

Question 50

The Toxic Substance Control Act (TSCA)

A) gives the FDA broad jurisdiction in controlling risks from manufacturing, processing, use, and disposal of chemical compounds.
B) gives the state legislatures broad jurisdiction in controlling risks from manufacturing, processing, use, and disposal of chemical compounds.
C) gives the EPA broad jurisdiction in controlling risks from manufacturing, processing, use, and disposal of chemical compounds.
D) gives the EPA limited jurisdiction in controlling risks from manufacturing, processing, use, and disposal of chemical compounds.

Question 51

When filing a citizen suit,a private citizen or organization must

A) be authorized by statute.
B) be authorized by statute and not profit from the enforcement action.
C) be an established environmental protection group.
D) have permission from the EPA to sue.

Question 52

Which of the following is not one of the primary reasons behind the creation of environmental statutes?

A) Protect wildlife.
B) Ensure that government agency decisions have minimal environmental impact.
C) Standardize environmental protections across the country.
D) Protect an individual's personal property rights from environmental nuisances.

Question 53

Which of the following is not a class of principally responsible parties (PRPs)under Superfund?

A) Current owners.
B) Previous owners.
C) Owners at the time that the hazardous substances were disposed on the site.
D) Businesses that accepted hazardous substances for transportation to the site and selected the site.

Question 54

George wants to buy an old chemical factory in the warehouse district of town,an up-and-coming neighborhood that is changing over from manufacturing to upscale urban housing.He plans to convert the building into trendy,expensive lofts.After purchasing the property and starting renovations,he discovers that the land has been contaminated by hazardous chemicals from the factory's former operations.He contacts the EPA to create a cleanup plan.When allocating liability and cleanup costs,the EPA determines that George is

A) not liable because he did not own the land when it was contaminated.
B) not liable because the chemical factory owners contaminated the property.
C) liable because he is the owner of the contaminated property.
D) liable because he should have conducted all reasonable inquiries into the previous ownership to determine whether any contamination was present.

Question 55

How are the Clean Air Act's tailpipe emission standards set?

A) Each state adopts its own standards.
B) Each state may choose between the federal and California standards.
C) Each state must use the federal standards.
D) The car manufacturers set the emission standards based on the state in which the car was sold.

Question 56

The Safe Drinking Water Act (SDWA)does not apply to which of these water sources?
A) lakes

A) oceans
B) rivers
D) subsurface wells

Question 57

The Environmental Defense Fund,an environmental watchdog group,files a lawsuit to prevent future open-pit coal mining in West Virginia.This type of lawsuit is known as a
A) nuisance suit.

A) wrongful-damage suit.
B) citizen suit.
D) negligence suit.

Question 58

The Resource Conservation and Recovery Act (RCRA)regulates

A) the environmental impact of coal mining and logging.
B) active and future facilities that produce solid waste and hazardous materials.
C) community recycling programs across the country.
D) none of these choices.

Question 59

If a piece of land has long-term contamination,what is the EPA required to do first under the Superfund?

A) Determine the best way to decontaminate the site.
B) Assess the toxicity of the site.
C) Allocate liability for contamination.
D) Determine whether the site should be placed on the National Priorities List.

Question 60

Which of the following is not a method used by the Environmental Protection Agency (EPA)to enforce its regulations?
A) administrative fines

A) criminal complaints
B) permits
D) mandatory arbitration

Question 61

Under the Clean Air Act (CAA),who determines the best way to achieve National Ambient Air Quality Standards (NAAQS)?

A) Congress.
B) The Environmental Protection Agency (EPA).
C) The individual states.
D) The National Air Quality Control Agency (NAQCA).

Question 62

The was passed by Congress in 1990,largely in response to the oil spill that resulted when the Exxon Valdez ran aground in Alaska.
A) National Environmental Policy Act

A) Safe Drinking Water Act
B) Clean Water Act
D) Oil Pollution Act

Question 63

The Colorful Paint Company got a mortgage from the bank to purchase a factory in which it could make paint.As part of its manufacturing process,Colorful Paint dumped the excess paint into a pit behind the building.This practice contaminated the property.If the bank foreclosed on the factory,would the bank be liable for cleanup costs of the contaminated land?

A) No, because it was an innocent landowner.
B) No, because it did not contaminate the property.
C) No, because it was a secured creditor.
D) Yes, because it owns the property.

Question 64

Name and discuss the three different categories for federal agency actions as classified under the National Environmental Policy Act.Provide an example for each.

Question 65

The environmental assessment is done in situations where the environmental impact is unknown.

Question 66

Debbie recently purchased some property that she knew used to be home to a chemical plant 50 years ago.The plant was removed 30 years ago.Today the property is full of trees and the stream running through it is clear and looks clean,but Debbie did not commission any environmental testing to confirm this fact.Last month the EPA determined that her property,as well as several neighboring properties,is contaminated.The EPA placed the entire site on the National Priorities List for cleanup.Discuss Debbie's potential liability for the contamination caused by the hazardous waste.

Question 67

Discuss the arguments for and against the Clean Air Act's market-based approach to environmental protection.

Question 68

NEPA procedures require that an environmental assessment be performed

A) for actions whose environmental impact is unknown.
B) for actions whose environmental impact is significant.
C) for actions whose environmental impact is small.
D) in all instances.

Question 69

In No Spray Coalition,Inc.v.The City of New York,No Spray Coalition filed a lawsuit against New York City to prevent the city from spraying for mosquitoes to prevent the spread of the West Nile Virus.No Spray contended that the chemicals were being sprayed in violation of the
A) Clean Air Act.

A) Clean Water Act.
B) National Environmental Policy Act.
D) Endangered Species Act.

Question 70

The EPA has identified a new hazardous waste site.What should its initial steps be to clean up the site?

Question 71

Which of the following is not presented in the textbook as a purpose of environmental protection statutes?

A) Protect wildlife and endangered species.
B) Promote clean air and water through regulation and permitting.
C) Ensure that businesses have no impact on the environment.
D) Ensure that government agencies make as minimal an impact as possible on the environment.

Question 72

The National Park Service is considering expanding one of its ranger stations at Yellowstone National Park.The ranger station is located on the side of a mountain and is primarily used for tracking animal populations.The National Park is unsure what the expansion would do to the environment.Before it is able to start construction,the National Park must categorize the expansion under the NEPA as
A) a categorical exclusion.

A) no category required.
B) an environmental impact statement.
D) an environmental assessment.

Question 73

Jed and Abby are local real estate developers who want to build a new office park on a piece of forested land that is home to many spotted owls,an endangered species.The office park is expected to bring new companies and jobs to the area.Robert is an environmentalist and is particularly fond of the owls.He wants to see them thrive and opposes Jed and Abby's plan to develop the owls' natural habitat.Is there anything that Robert can do to stop construction?

Question 74

When is a categorical exclusion for an action available under the NEPA?

A) When the environmental impact is unknown.
B) When the environmental impact is significant.
C) When the environmental impact is small.
D) Never; NEPA procedures are required in all instances.

Question 75

The bank is considering making a loan on a piece of property that is home to a chemical factory.There is no evidence of any contamination,but the bank is concerned about being liable if there is a chemical spill.Should the bank be concerned?

Question 76

is the legislation that established a process for federal agencies for making decisions that may reasonably affect the environment.
A) Environmental Decision Impact Act

A) Environmental Protection Act
B) National Environmental Policy Act
D) Clean Air Act

Question 77

Name and discuss the functions of each of the two important environmental water acts.

Question 78

Federal environmental statutes that affect businesses are wide-ranging,but are designed to primarily serve several purposes.Describe them.

Question 79

An environmental impact statement is required by the NEPA in

A) instances in which the environmental impact is unknown.
B) instances in which the environmental impact is significant.
C) instances in which the environmental impact is small.
D) all instances.

Question 80

A pre-existing factory has a permit to emit pollution at a specified level under the Clean Air Act.Due to increased demand for production,the factory owner plans to upgrade its facilities,which could affect the amount of pollution emitted by the plant.What steps must the factory owner take to remain in compliance with the CAA? Are there specific concerns that the factory owner must consider? Explain.