Deck 9: Environmental Law

Question 1

The underlying philosophy of environmental law is:

A) Government has unlimited power and authority and may regulate at will.
B) Private ownership interests will always prevail.
C) Rights of property owners cannot be protected by the Constitution.
D) Public good may take precedent over the rights of individual property owners.
E) All of the above.

Answer 1

D

Question 2

Eminent domain under the Fifth Amendment:

A) Provides for just compensation of a private landowner for property seized for public purposes such as economic development.
B) Is always exercised without controversy.
C) May result in a jury trial to determine fair market value of the property.
D) A and B.
E) A and C.

Answer 2

E

Question 3

Echinacea laevigata or the smooth coneflower, an endangered plant species, was found in one acre of Lucy's 140 acres of timberland. She is prevented from cutting any of the timber on the tract and files a lawsuit based on:

A) Standing.
B) The Takings Clause of the Fifth Amendment.
C) The treaty power of the national government.
D) Nuisance.
E) All of the above.

Answer 3

B

Question 4

According to the text, which of the following is a controversial aspect of the Endangered Species Act?

A) Inclusion of plants and animals on the list.
B) Removal of plants and animals form the list.
C) Interference with economic and other development because of the protection of certain species.
D) All of the above.
E) None of the above.

Question 5

You wish to open a pet-grooming business in your home. This is in an area of single-family dwellings. You must obtain permission from the City because of:

A) Sector planning.
B) Zoning.
C) Eminent domain.
D) Covenants.
E) All of the above.

Question 6

Internationally renowned artist Georgia O'Keefe taught at West Texas A&M University. Efforts to prevent the current owner of the boarding house where she resided from altering or destroying the property:

A) Will fail because of the property owner's absolute property interests.
B) Will focus primarily on the economic benefit to the owner.
C) May be successful because the state may use its police powers to provide a public benefit such as historic preservation.
D) Will be successful because of the theory of easement.
E) None of the above.

Question 7

In environmental law, which of the following is most frequently the determinative factor in initiating litigation?

A) Standing of the plaintiffs to bring the challenge.
B) Power of government to issue regulations.
C) Available remedies.
D) Efforts of defendants to mitigate the damages suffered.
E) None of the above.

Question 8

The type of legal injury that occurs when a landowner uses his or her own property in a way that interferes with another's use or enjoyment of his or her property is:

A) An aggravation.
B) Eminent domain.
C) An apocalypse.
D) A nuisance.
E) Adverse possession.

Question 9

The keeping of a bawdy house or storing explosives on private property is classified as:

A) A public nuisance.
B) A private nuisance.
C) Eminent domain.
D) An issue of zoning.
E) None of the above.

Question 10

From a constitutional standpoint, the power of Congress to regulate matters relating to the regulation of the environment comes under:

A) The Taxing Power.
B) The Spending Power.
C) The Commerce Power.
D) The War Power.
E) None of the above.

Question 11

A major part of the National Environmental Protection Act was the requirement that prior to the start of a major government project there had to be:

A) Probable cause to believe that injury to the environment is serious.
B) An environmental impact study to determine the possible effects on the environment.
C) Some assurance that no one's property rights would be affected.
D) A cost-benefit analysis to make sure the benefits outweigh the cost.
E) None of the above.

Question 12

Which of the following is true under the Clean Air Act?

A) Fines up to $25,000 a day may be imposed for major violations of the Act.
B) The EPA is virtually powerless to enforce violations of the Act.
C) Fines imposed by the EPA must be approved by the state environmental agency where the violation occurs.
D) The maximum fine that may be imposed by the EPA is $2500.
E) None of the above.

Question 13

The criticism that the Endangered Species Act is "over-inclusive" means that the law:

A) Makes it almost impossible to protect endangered species.
B) Does not go far enough to protect certain species of plants and animals.
C) Makes it too easy to include species that are not really endangered.
D) Does not protect plants and animals on private property.
E) None of the above.

Question 14

Which of the following is true concerning the "Taking Clause" of the U.S. Constitution?

A) If a state makes a formerly legal activity (beer making) illegal, there is no taking under the Constitution.
B) For a taking to occur, in most cases the government must take possession of the property.
C) The constitutional name for a "taking" is eminent domain.
D) If a true taking occurs, the property owner must receive just compensation.
E) All of the above.

Question 15

Which of the following is true regarding Kelo v. City of New London?

A) Susette Kelo was allowed to stay in her home in its original location.
B) The Pfizer Company built their project and the City of New London was economically revived.
C) Reaction to the decision was met with widespread approval.
D) In the aftermath of the decisions, many states revised their laws regarding eminent domain.
E) All of the above.

Question 16

Identify and discuss the common law roots of environmental law.

Question 17

Discuss the constitutional authority to regulate the environment.

Question 18

Discuss the nexus between Due Process Clauses of the Fifth and Fourteenth Amendments and environmental regulation.

Question 19

Discuss the legislative acts that represent the centerpieces of the nation's environmental policy and the issues in their application.

Question 20

Discuss the issue of government "taking" property regarding diminution of value, zoning, historic preservation, and other issues of land use.

Question 21

Identify and discuss various goals and the means by which government regulates the environment.