Deck 45: Environmental Law

Question 1

At common law, an injured party can obtain only damages for harm caused by pollution.

Answer 1

False

Question 2

At common law, an injured party will be awarded damages against a polluter who lacks standing.

Answer 2

False

Question 3

All agencies of the federal government must take environmental factors into account when making significant decisions.

Answer 3

True

Question 4

Federal statutes provide the basis for issuing regulations to control air pollution emanating from stationary sources only.

Question 5

An injured party's common-law suit against a polluter may be dismissed for lack of standing.

Question 6

The Environmental Protection Agency is the primary federal agency regulating environmental law.

Question 7

A polluter is liable for an injury due to an ultrahazardous activity only if the polluter failed to exercise reasonable care.

Question 8

Federal statutes provide the basis for issuing regulations to control air pollution emanating from mobile sources only.

Question 9

An injured party may sue a business polluter in tort.

Question 10

The primary responsibility for implementing air-quality standards rests with state and local governments.

Question 11

The common law doctrine of nuisance prevents individuals from filing "nuisance" suits against polluters.

Question 12

Pollution-control standards generally do not change.

Question 13

A toxic tort is an action against a polluter that results in heavy, or "toxic," damages.

Question 14

State and local government projects require environmental impact statements.

Question 15

All levels of the government, except local governments, regulate some aspect of the environment.

Question 16

If an agency decides that an environmental impact statement is not nec?essary, it must announce that decision and state the reasons.

Question 17

An environmental impact statement is required for federal government projects only.

Question 18

A private citizen can enforce a federal environmental law if he or she has standing.

Question 19

An environmental impact statement is required for private business pro?jects only.

Question 20

City, county, and local governments oversee certain aspects of the environment.

Question 21

A new source of water pollutants does not need to install pollution-control equip?ment until pollution is proved.

Question 22

Federal statutes provide the basis for issuing regulations to control wa?ter pollution.

Question 23

Corporate officers may be subject to criminal penalties for violations of the Clean Air Act.

Question 24

Performance standards for major sources of air pollution require use of the practically affordable control technology (or PACT).

Question 25

Once certified, a pesticide may be used in unlimited quantities on food crops.

Question 26

Those who violate the Clean Water Act may be subject to criminal penalties.

Question 27

Different standards for air quality apply to sources of pollution in clean areas and sources in polluted areas.

Question 28

A party who generates only a portion of the waste disposed of at a particular site may be liable only for that portion of the clean-up costs.

Question 29

Once the government begins to clean up a waste dis?posal site, the parties who generated the waste are free of any clean-up costs.

Question 30

State or local governments set pollutant standards for most sources of drinking water.

Question 31

Seasonable bodies of waters are considered protected wetlands if they serve as a habitat for migratory birds.

Question 32

Violators of emission standards under the Clean Air Act may be subject to criminal penalties.

Question 33

Violators of emission standards under the Clean Air Act may be subject to civil penalties.

Question 34

Those who violate the Clean Water Act may be subject to civil penalties.

Question 35

Once the government begins to clean up a waste dis?posal site, only the party who generated the waste must contribute to the cost.

Question 36

Navigable waters do not include wetlands.

Question 37

Any organization planning to use a toxic chemical may be ordered to first deter?mine its effect on human health and the environment.

Question 38

Any oil facility that discharges oil into navigable waters is liable for the clean-up costs plus damages.

Question 39

The Environmental Protection Agency may ban the use of a toxic substance altogether.

Question 40

Once the government begins to clean up a waste dis?posal site, only the site's current owner or operator must contribute to the cost.

Question 41

The Social Security Administration hires Thorough Paving, Inc., to repave a parking lot. 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 42

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 43

Fabio makes a living by farming near Gastric Combustibles, Inc., which has discharged pollutants into the area's air and water. In a suit by Fabio for an injunction against Gatric on the ground of nuisance, the court is most likely to rule in Gastric's favor if

A) Fabio's operation also pollutes, with pesticides and herbicides.
B) Fabio's operation suffers harm distinct from the general public.
C) Gastric's operation is the core of the local economy.
D) Gastric's operation uses reasonable care to avoid harm to Fabio.

Question 44

Quickly Motor Company makes the Rock, a new model of sport utility ve?hicle, and sells it at the market's lowest price. The Rock does not, how?ever, satisfy federal emission standards and Quickly fails to maintain relevant, required records. The Environmental Protection Agency may assess

A) civil penalties, additional fines, and criminal penalties.
B) civil penalties and additional fines only.
C) civil penalties only.
D) criminal penalties, including fines and imprisonment, only.

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

Truckers Storage Depot, a private company, wants to build a ware?house on private land. For this action, an environmental impact state?ment is

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

Question 47

The Environmental Protection Agency (EPA) has the authority to regulate "any air pollutant." Fresher Air Group, a private organization, supports cleaner air. Fresher Air can file a suit against the EPA to

A) compel the EPA to act only.
B) compel the EPA to act or prevent it from acting.
C) neither compel the EPA to act nor prevent it from acting.
D) prevent the EPA from acting only.

Question 48

Concrete Masters Corporation (CMC) operates a cement plant. As re?gards hazardous air pollutants, CMC 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 49

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 50

Ultra Kleen, Inc., operates a chain of laundry establishments 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 administrative agencies.
C) local chambers of commerce.
D) local police departments.

Question 51

Fact Pattern 45-1B
Rock Mining Company operates a gravel pit next to Sid's residence. Sid files a suit against Rock, alleging that the pit is a nuisance and unreasonably inter?feres with Sid's enjoyment of his property.
Refer to Fact Pattern 45-1B. The court is most likely to award Sid 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 52

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 53

Midwest Power Corporation wants to build a nuclear 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 54

Missoula, Montana, 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 Montana state government only.

Question 55

Dandy Disposal Center operates a recycling plant. Edwin and other Dandy neighbors file a suit, alleging injuries from the plant. To succeed, they must show that Dandy failed to use reasonable care if the suit is based on

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

Question 56

Consolidated Trucking Company transports radioactive materials. Darla suffers from cancer. To succeed in a suit against Consolidated on the ground of strict liability, Darla must show that her injury was caused by

A) Consolidated's failure to use reasonable care to avert herm to Darla.
B) Consolidated's intentional lack of regard for the general public.
C) Consolidated's operation.
D) radiation from any source.

Question 57

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 58

Congress enacts air quality legislation. To implement this law, as is typical of other environmental statutes and regulations, the federal government will most likely rely on

A) all levels of government.
B) local and state governments only.
C) state governments only.
D) the federal government only.

Question 59

Natural Gas Company does not use proper filters on its smokestacks, which consequently pollute the air. Obie, a Natural Gas employee, suffers respiratory illness. To succeed in a suit against Natural Gas on the ground of negligence, Obie must show that he suffers from

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

Question 60

Fact Pattern 45-1B
Rock Mining Company operates a gravel pit next to Sid's residence. Sid files a suit against Rock, alleging that the pit is a nuisance and unreasonably inter?feres with Sid's enjoyment of his property.
Refer to Fact Pattern 45-1B. The court is most likely to award Sid 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 61

Arkansas enacts pesticide-labeling requirements that are different from, and add to, federal pesticide law. BugOut Corporation, a pesticide maker, files a suit against the state to block the new rules. Under the holding in Case 45.3, Bates v. Dow Agrosciences, LLC, a court is most likely to rule that

A) the federal law and state regulations are mutually compatible.
B) the federal law and state regulations are mutually exclusive.
C) the federal law preempts the state regulations.
D) the state regulations preempt the federal law.

Question 62

United Disposal, Inc., operates a hazardous waste disposal site that ac?cepts waste transported by Ace Trucking Company from General Manufacturing Corporation. United sells the site to Investment Properties, Inc. A release of the waste is discovered at the site, and the Environmental Protection Agency (EPA) cleans it up. The EPA can re?cover the cost of the cleanup from

A) United only.
B) United or General only.
C) United, General, or Ace only.
D) United, General, Ace, or Investment Properties.

Question 63

Land Development Company wants to grade certain marshy land to build Meadow Marsh, a residential subdivision. The Clean Water Act covers waters with a continuous surface connection to bodies of water

A) permanent or intermittent flowing water only.
B) permanent or intermittent standing or flowing water.
C) permanent or intermittent standing water only.
D) permanent, standing or flowing water only.

Question 64

Hydraulic Equipment Company makes its products without required pollution control technology, causing a discharge of oily waste into the nearby Idle Lake. This activity can re?sult in

A) a criminal fine or imprisonment only.
B) a criminal fine, imprisonment, or an injunction only.
C) a criminal fine, imprisonment, an injunction, or damages.
D) an injunction only.

Question 65

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

A) is entitled to no 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 66

Oil Refining Company's plant emits hazardous air pollutants. Regarding these pollutants, the plant must use

A) the all-pollution elimination technology.
B) the best possible available technology.
C) the maximum achievable control technology.
D) the practically affordable standard technology.

Question 67

Valley Disposal Company operates a hazardous waste storage facility. Valley bur?ies unlabeled containers without determining their contents. If the con?tain?ers leak, Valley may be held to have violated

A) the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) only
B) the Resource Conservation and Recovery Act (RCRA) only.
C) the CERCLA and the RCRA.
D) neither the CERCLA nor the RCRA.

Question 68

Petro Industries, Inc., operates an oil refinery near Quigley River, which flows into Royal Lake. Discharging oil from the refinery into the river can result in

A) civil penalties and damages.
B) civil penalties only.
C) damages only.
D) neither civil penalties nor damages.

Question 69

Before being transported, hazardous waste generated by Xtreme Industries, 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) Xtreme Industries, Inc.

Question 70

Little City Company operates a public water supply system. Little must send to every household that it supplies with water an annual statement describing

A) Little's financial situation and material facts that might affect it.
B) other businesses in which Little 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 71

The Environmental Protection Agency (EPA) has the authority to regulate "any air pollutant." In issuing standards for the discharge of soot and other pollutants, the EPA

A) does not have to take economic costs into account.
B) must take into account the economic costs to businesses.
C) must take into account the economic costs to government.
D) must take into account the economic costs to the general public.

Question 72

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 73

ChemoCorp, 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 ChemoCorp'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 74

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 75

Metro City operates its own municipal public drinking water system. With regard to pollutants, this system is primarily subject to

A) the migratory bird rule.
B) the Oil Pollution Act.
C) the Rivers and Harbors Appropriations Act.
D) the Safe Drinking Water Act.

Question 76

Video Products Company operates a DVD manufacturing plant on Wander 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) neither civil nor criminal penalties.

Question 77

Mucho Solvents Corporation has waste that it wants to discharge into navi?gable waters. Under the Clean Water Act, Mucho must apply for a permit

A) after discharging waste.
B) before discharging waste.
C) during the discharge of waste.
D) only if a regulatory agency challenges the discharge.

Question 78

Under the Marine Protection, Research, and Sanctuaries Act (the Ocean Dumping Act), Bayside Chemical Company 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 79

Eminent Properties, Inc., wants to fill its wetlands to build Fieldview Homes, a residential subdivision. The Clean Water Act prohibits the filling of wetlands unless

A) any displaced wildlife is accommodated elsewhere.
B) the Army Corps of Engineers issues a permit.
C) the local community obtains a benefit.
D) the party doing the filling realizes an economic profit.

Question 80

Fruitful Garden Company makes and sells pesticides. For the pesticides to remain on the market, the acceptable level of risk to people of developing cancer from ex?posure to the products is

A) one-in-a-hundred.
B) one-in-a-million.
C) one-in-a-thousand.
D) zero.