Deck 46: Environmental Law

Question 1

______ taxes reference the taxation of environmentally harmful activities.

A) Lemon
B) Lime
C) Green
D) Red
E) Black

Answer 1

C
Explanation: 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 2

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

Answer 2

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

Question 3

The United States has not signed the Kyoto Agreement.

Answer 3

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

Question 4

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

Question 5

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

Question 6

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 7

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.

Question 8

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

A) Tort
B) Contract
C) Strict liability
D) Administrative
E) Statutory

Question 9

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

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

Question 10

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 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.

Question 12

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?

A) The Pollution Control Agency
B) The Environmental Protection Agency
C) The Discharge Avoidance Agency
D) The Reduce Pollutants Agency
E) The Pollution Reduction Agency

Question 13

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

Question 14

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 dependant
E) There are no regulations passed without known technology to implement them because such regulations would be unconstitutional.

Question 15

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

Question 16

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.

Question 17

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.

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?

A) Negligence
B) Strict liability
C) Abatement
D) Nuisance
E) Trespass

Question 19

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)?

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 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?

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 21

Which of the following enforces the Resource Conservation and Recovery Act?

A) The Hazardous Response Commission
B) The Hazardous Waste Administration
C) The Environmental Protection Agency
D) The Environmental Waste Agency
E) The Clean Earth Foundation

Question 22

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 23

Which of the following is a federal law that protects the quality of the water we drink?

A) The Federal Water Pollution Control Act
B) The Safe Drinking Water Act
C) The Water Control Act
D) The Water Use Act
E) The Water Safety Act

Question 24

Which of the following is a federal law that protects the quality of water in navigable waterways?

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 25

Which of the following describes goals of the Clean Water Act?

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

Question 26

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 27

Under the ______ program,generators of hazardous waste 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) Permit
B) Hazardous
C) Waste
D) Manifest
E) Specific

Question 28

Which of the following identifies states that did not meet National Ambient Air Quality Standards?

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

Question 29

Every ______ the EPA must review the scientific evidence to determine whether new discoveries have shown that the National Ambient Air Quality Standards should be changed.

A) 18 months
B) Two years
C) Three years
D) Five years
E) Ten years

Question 30

Which of the following was the result on appeal in AMW Materials Testing Inc.,Anthony Antoniou v.Town of Babylon & North Amityville Fire Company Inc.,the case in the text in which the plaintiffs claimed that the defendants were liable for cleanup of a hazardous site after a fire on the basis that the defending town and fire department had control of the facility during the time that the fire department was responding to the fire?

A) That the defendants were not liable because they had insufficient control over the hazardous material.
B) That the defendants were not liable because a municipality was involved.
C) That the defendants were not liable because the plaintiffs negligently started the fire.
D) That the defendants were liable because they should have done a better job handling the fire.
E) That the defendants were liable because the fire department did not respond in a timely manner resulting in delay and the release of additional hazardous material.

Question 31

Once the administrator of the EPA establishes National Ambient Air Quality Standards,each state has _____ to draft a state implementation plan.

A) 18 months
B) 12 months
C) 9 months
D) 6 months
E) 3 months

Question 32

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 33

Which of the following focuses on handling waste from creation through disposal?

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 34

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 35

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 36

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 37

Which of the following is an item an Environmental Impact Statement should contain?

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 38

What is considered a public water supply system under the Safe Drinking Water Act?

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 39

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 40

Which of the following was passed to (1)clean up existing hazardous sites and (2)respond to hazardous material spills?

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 41

Assuming that Warren's company is engaged in pollution,which of the following identifies the source?

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

Question 42

Which of the following is the act passed by Congress for purposes including cleaning up hazardous sites,such as the farm on which Slick dumped the hazardous waste?

A) The Hazardous Waste Act
B) The Comprehensive Waste Clean-Up Act
C) The Comprehensive Environmental Response, Compensation and Liability Act
D) The Hazardous Discovery, Remediation and Clean-Up Act
E) The Remedial Hazardous Material Act

Question 43

Which of the following is true regarding Warren's statement that swimming is not a concern of the government?

A) Warren is correct.
B) Warren 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) Warren is incorrect only if it can be established that swimmers were incurring physical symptoms such as rashes.
D) Warren is incorrect only if it can be established that the area was designated as an official tourist destination.
E) Warren is incorrect.

Question 44

Which of the following is a treaty with the purpose of prohibiting the international trade of endangered plants and animals?

A) The Endangered Species Treaty
B) The International Endangered Plants and Animals Protocol
C) The Endangered Plants and Animals Agreement
D) The Convention on International Trade in Endangered Species
E) The Humane Protection Agreement

Question 45

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 46

Is Bruno 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 47

Which of the following is true regarding the U.S.'s rank in a recent study that ranked 142 countries in terms of environmental health?

A) The U.S. was ranked 1^st.
B) The U.S. was ranked 10^th.
C) The U.S. was ranked last.
D) The U.S. was not ranked in the top 100.
E) The U.S. was not ranked in the top 40.

Question 48

Would there be any action under common law that would likely provide an avenue of some relief for Paula?

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 Paula could establish personal injury.
E) A common law action for environmental assault would be available but only if Paula could establish personal injury and also reduced property value.

Question 49

Which of the following has as its primary role to establish the procedures that must be followed whenever a new chemical is about to be introduced into the market?

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 50

Is Bruno 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 51

The fund,funded primarily by taxes on corporations in industries that create significant amounts of hazardous waste,and used to handle clean-up of hazardous waste such as that on the farm is called the ____.

A) Clean-Up fund
B) Hazardous duty fund
C) Superfund
D) Primary payment source
E) Secondary payment source

Question 52

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 53

Which of the following is true regarding Warren's statement that the state had no authority over any pollution for which his company was responsible?

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) Warren 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 54

Which of the following is true regarding federal regulation of toxic substances?

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 55

When,if ever,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 56

Which of the following is true regarding Slick's contention that he should not be held liable for any amounts for clean-up because he was merely a transporter?

A) He is correct only if the federal government, not the state, cleans the site.
B) He is correct only if the state, not the federal government, cleans the site.
C) He is correct only if he can establish that the owner of the site has sufficient funds with which to clean the site.
D) He is correct only if damages for cleaning the site are in an amount less than $50,000.
E) He is incorrect.

Question 57

Which of the following is a treaty with the purpose of significantly reducing,and in some countries banning,the use of ozone-depleting air pollutants?

A) The United Nations Ozone Depletion Treaty
B) The Montreal Protocol
C) The Ozone Protection Agreement
D) The Tokyo Protocol
E) The Eastern Pacific Agreement

Question 58

Which of the following treaties has attempted to find a way to limit the emissions of greenhouse gases?

A) The Kyoto Agreement
B) The Treaty for Amazonian Cooperation
C) The Greenhouse Reduction Treaty
D) The Global Warming Agreement
E) The Global Protection Treaty

Question 59

The action of the government in cleaning up the farm could best be described as a ______ action.

A) Removal
B) Remedial
C) Reclamation
D) Redemption
E) Reallocation

Question 60

Which of the following is true regarding Warren's statement that any federal penalties are negligible?

A) Warren is correct.
B) Warren is incorrect, and while incarceration may not be imposed under federal law, penalties are substantial including penalties of up to $5,000 per day.
C) Warren is incorrect, and while incarceration may not be imposed under federal law, knowingly endangering someone by violating the Clean Water Act can result in a criminal fine of up to $150,000 for an individual and $1 million for an organization.
D) Warren is incorrect, and while fines may not be imposed, any individual knowingly endangering someone while violating the Clean Water Act may face up to 10 years in prison.
E) Warren is incorrect, and both incarceration and fines may be imposed.

Question 61

Bruce operates a power plant that emits mercury.He has older pollution control equipment and constantly struggles with his discharges.Renee also operates a power plant.She tells Bruce that she is investigating the purchase of modern pollution equipment that would result in the mercury discharge of her company being significantly under the amount of allowable mercury discharge.Renee tells Bruce,however,that the equipment is very expensive.She proposes that she and Bruce lobby legislators for marketable discharge permits in the mercury area.What is she referencing and how would it work? Do you think this is a good idea,and why or why not?

Question 62

Set forth the conditions under which a permit will be issued to a landowner seeking to add dredged or filled material to a wetland.

Question 63

When must an environmental impact statement be filed under the National Environmental Policy Act?

Question 64

Who are potentially responsible parties under the Comprehensive Environmental Response,Compensation and Liability act (CERCLA)?

Question 65

List the two primary functions served by the National Environmental Policy Act and set forth the responsibilities of the Council on Environmental Quality.