Deck 40: Environmental Law

Question 1

The life expectancy of residents in cities with the dirtiest air is on average two years shorter than those in the cleanest cities.

Answer 1

True

Question 2

A Japanese company operates a ship called the Kinia.If the Kinia sails in U.S.waters,it must comply with design standards set by the Oil Pollution Act of 1990.

Answer 2

True

Question 3

The prevention of significant deterioration (PSD)program was developed to prevent deterioration in air quality that would create health problems for those affected.

Answer 3

False

Question 4

Which program was designed as a method for limiting air pollutants in an economically efficient manner by allowing enterprises to sell its leftover emissions allowance to other companies or stockpile it for future use?

A)The Kyoto Protocol
B)Cap and Trade
C)Total Maximum Daily Load (TMDL)
D)Resource Conservation and Recovery Act (RCRA)

Question 5

Cincy,Inc.is building a $20 million dollar addition onto its distribution facility.To build the facility,Cincy must fill in two acres of wetlands.Under the Clean Water Act,Cincy must obtain a permit before filling in the wetlands.

Question 6

Weste,Inc.decided to expand by building a $50 million manufacturing facility.Weste,Inc.is not a federal agency and the expansion is not regulated or approved by the government.Nevertheless,Weste must prepare an environmental impact statement.

Question 7

To date,the United States and China are the only two countries that adhere to the 1997 Kyoto Protocol.

Question 8

We Care,a nonprofit environmental organization,believes that Quanaco is violating the Clean Air Act.The EPA has not taken any action against Quanaco.We Care can file a citizens' suit against the EPA.

Question 9

Which of the following is NOT a provision of the Clean Air Act?

A)Establishment of national ambient air quality standards
B)Prevention of significant deterioration (PSD) program
C)Regulation of stationary sources
D)Consolidation of environmental regulation under one agency

Question 10

The Environmental Protection Agency (EPA)was created by Congress to

A)consolidate environmental regulations under one agency.
B)protect corporate investors.
C)prevent conflicts between the Departments of Commerce and Interior.
D)eliminate discrimination.

Question 11

Under the Clean Air Act

A)states and the EPA were to act as partners wherein the individual states would formulate state implementation plans to meet primary and secondary standards created by the EPA.
B)the EPA formulated primary and secondary standards for air pollution; however, the individual states were not required to comply with these standards if they already had reasonable state statutes or regulations in place.
C)the states were required to follow the guidelines established by the EPA and did not have the authority to create their own state plans for implementing the federal standards.
D)state laws or regulations preempt or take precedence over the guidelines promulgated by the EPA.

Question 12

Truan,Inc.has decided to market a new pesticide.Truan must register the pesticide with the EPA.

Question 13

A person who violates the Clean Water Act can face possible imprisonment in addition to other penalties.

Question 14

An Environmental Impact Statement must be prepared for every major federal action that significantly affects the quality of the environment.

Question 15

TriColor,Inc.purchased a piece of land from HBC,Inc.Hazardous waste was subsequently discovered on the land.Even though TriColor did nothing illegal,it may be liable under CERCLA for the cleanup costs.

Question 16

Armand Industries is producing a foul-smelling odor as a by-product of its factory's operations.However,the emission is not harmful to the health of those exposed to it.Armand would be subject to a primary national ambient air quality standard established by the EPA.

Question 17

Local regulation is more effective than state or federal regulation in controlling air pollution.

Question 18

The EPA will allow individual states' air pollution level to rise as long as it still meets the EPA's existing national standards.

Question 19

The cost-benefit trade-off is particularly complex in environmental issues because those who pay the cost often are not the ones who receive the benefit.

Question 20

What prevents the market system from achieving a clean environment on its own?

A)Externalities.
B)Inefficiently managed business.
C)Remainders.
D)SIPs.

Question 21

In considering what is navigable waters,the Supreme Court ruled that

A)the definition of navigable watermust inclue all ponds and lakes even if they are not connected to open bodies of water.
B)waterways confined to one state can be navigable water if pollutants can leak into drinking water.
C)the definition of navigable water excludes intermittent streams or wetlands.
D)all waterways including wetlands, intermittent streams, and ponds are all navigable waters.

Question 22

Fresh Air,a nonprofit environmental organization,believes that Cincy Co.is violating the Clean Air Act.The EPA has not taken any action against Cincy Co.In this instance,Fresh Air

A)can file a citizen suit against the EPA.
B)can file an executive order with Cincy Co.
C)cannot file a lawsuit but can ask an administrative law judge to hear its complaint.
D)cannot file a lawsuit but can lobby Congress to force the EPA to act.

Question 23

Which agency establishes rules for treating both hazardous and nonhazardous forms of solid waste?

A)The National Environmental Policy Act
B)The Toxic Substances Control Act
C)The Safe Drinking Water Act
D)The Resource Conversation and Recovery Act

Question 24

Sam,the chief executive officer of Boch Industries,was prosecuted for violating the Resource Conservation and Recovery Act.Which of the following is correct concerning the penalties?

A)Sam cannot be criminally prosecuted for violating this statue.
B)Sam faces criminal fines as well as imprisonment.
C)Sam faces only criminal fines.
D)The only remedy Sam faces is an injunction to prevent further violations.

Question 25

Which of the following is a heat source of water pollution?

A)Discharge from a household water pipe
B)An oil spill into a body of water
C)Stormwater run-off that carries pollutants
D)Water that has been used as a coolant and returned to the waterways

Question 26

As part of a compromise to the Endangered Species Act,the government allows developers to conserve some land in return for developing other property as they want.This is accomplished through

A)the Resource Conservation and Recovery Act.
B)the use of the Superfund.
C)the Habitat Conservation Plan.
D)an Environmental Impact Statement.

Question 27

Those who violate environmental laws

A)may be subject to criminal penalties if they violate certain statutes of the EPA.
B)are liable only for civil damages.
C)rarely receive punishment due to the lack of any strong structure of federal regulation.
D)may face criminal charges, but not imprisonment.

Question 28

All of following must be included in a federal Environmental Impact Statement EXCEPT

A)the available alternatives to the proposed action.
B)the means to mitigate adverse environmental impacts.
C)the direct and indirect effects of the proposed action.
D)the cost of implementing the proposed action.

Question 29

Under Superfund legislation,to what extent must a hazardous waste site be cleaned?

A)Reasonable conditions under the circumstances.
B)A safe level for the area in which it is located.
C)Pristine condition, regardless of cost.
D)To the condition of the property before the hazardous waste was dumped on it.

Question 30

Congress established a trust fund for the EPA to use in Superfund cleanup.This trust fund was initially financed by a tax on what?

A)The general public through federal income taxes
B)Waste management and landfill operators
C)The construction industry
D)The oil and chemical industries

Question 31

The disposal of nonhazardous solid waste is

A)generally regulated by state law, but the federal government sets guidelines that must be followed.
B)the only area of environmental concern that has yet to be regulated by federal action.
C)completely governed by federal administrative law.
D)currently the subject of great debate since the federal government has declared such activity falls under the Endangered Species Act and, therefore, a small annoying fly known to frequent landfills must be protected.

Question 32

Foiler Manufacturing,a new corporation,estimates it may generate approximately 200 kilograms of hazardous waste each month.Discuss the EPA requirements it faces in relation to this waste.

Question 33

What administrative agency regulates pesticides,insecticides,fungicides and rodenticides?

A)The Food and Drug Administration
B)The Occupational Safety and Health Administration
C)The Environmental Protection Agency
D)The Nuclear Regulatory Commission

Question 34

Under the Clean Air Act

A)California was granted special permission to set stricter pollution standards than the federal standards.
B)all states must follow federal automobile emission standards.
C)the states must each set automobile emission standards, which must then be approved by the EPA.
D)states were given the option of following federal standards or adopting their own stricter standards.

Question 35

What is the goal of the Superfund?

A)To create a market-based system for reducing emmissions
B)To set national ambient air quality standards
C)To clean up hazardous wastes that were illegally dumped in the past
D)To require shipowners to pay for damage caused by oil discharged from their ships

Question 36

Under the Endangered Species Act,what federal agency in the Department of the Interior is responsible for preparing a list of species that are in danger of becoming extinct?

A)National Park Service
B)Fish and Wildlife Service
C)Bureau of Land Management
D)Bureau of Safety and Environmental Enforcement

Question 37

Which of the following statements regarding automobile pollution is true?

A)If states do not adopt their own set of automobile pollution standards, they must abide by those of the federal government.
B)California and New York are the only two states with separate automobile pollution standards.
C)States have the right to adopt California standards instead of federal rules.
D)Because of federal standards, motor vehicles are no longer a major source of air pollution.

Question 38

Coastal City Power Plant received its annual sulfur dioxide emission allowance.Because it is using a low-sulfur fuel which burns cleaner than some fuels,it does not need its entire allowance this year.In this instance,Coastal City Power

A)loses whatever unused allowance it has for the year.
B)may sell its leftover allowance to another company.
C)will not be regulated by an allowance next year since it was within its allowance for this year.
D)will only avoid future regulation if it signs an agreement to continue using either low-sulfur coal or natural gas in the future.

Question 39

The Toxic Substances Control Act regulates

A)chemicals other than pesticides, foods, drugs, and cosmetics.
B)insecticides.
C)natural gas.
D)pesticides.

Question 40

James owned real estate.He leased the building to two tenants.An insurance agent leased the first floor and a law firm leased the second floor.James later sold the land to Mary,who used the entire building for her business.She discovered that there were hazardous material storage tanks buried in the land.She had to remove the tanks and then sued James and the former tenants for the cost of removing the tanks,even though none of them knew the tanks had been there.

A)James and the two tenants are liable.
B)James is liable to Mary, but the tenants are not.
C)The tenants are liable to Mary, but James is not.
D)Neither James nor the tenants are liable to Mary.

Question 41

Discuss the purpose of and problems with the Kyoto Protocol from the perspective of the United States.

Question 42

James purchased an abandoned lot.When he started to develop the land,he discovered several underground storage tanks containing hazardous waste buried on the site.He claims the seller,Richard,is liable to him for the cost of removing the tanks.Richard claims he owned the lot for 20 years and never knew of the underground tanks.Richard argues he purchased the land from Thomas and that Thomas or his heirs are liable for the cost of removing the underground tanks.Explain whether Richard is liable to James.Does Thomas or do his heirs have any liability to James or Richard?

Question 43

Discuss the major provisions of the Clean Air Act.

Question 44

Trent was the production manager at HGB,Inc.Under his supervision,HGB filled in an area of wetlands on the company's property without a permit.Has Trent violated the law? What penalties might he face?

Question 45

When must an environmental impact statement be prepared and what must it discuss?