Deck 25: Environmental Protection

Question 1

There are no plans to develop national standards regulating the fuel economy and emissions for medium- and heavy-duty trucks.

Answer 1

False

Question 2

National Pollutant Discharge Elimination System permits can be issued even if a discharge will violate water-quality standards.

Answer 2

True

Question 3

New sources of water pollutants must install pollution-control equipment with all deliberate speed after beginning operations.

Answer 3

False

Question 4

Businesses that engage in ultrahazardous activities are not liable for any injuries the activities cause.

Question 5

Only the federal government may restrict emissions from motor vehicles.

Question 6

The Environmental Protection is required to list all hazardous air pollutants (HAPs) on a prioritized schedule.

Question 7

An environmental impact statement is required for every major federal action that significantly affects the quality of the environment.

Question 8

Cities and counties may impose rules regulating methods of wastes removal.

Question 9

The Environmental Protection Agency periodically updates the air pollution standards.

Question 10

Performance standards for major sources of air pollution require the use of the any available technology, or AAT.

Question 11

Injured individuals can rely on the common law to obtain damages from business polluters.

Question 12

Those who knowingly violate the Clean Air Act may be subject to civil penalties but not criminal penalties.

Question 13

National effluent (pollution) standards are set by each affected industry.

Question 14

A public authority, such as a state's attorney general, can sue to stop a "public" nuisance.

Question 15

The Environmental Protection Agency has concluded that greenhouse gases, including CO2 emissions, do not constitute a public danger.

Question 16

Persons who provide information about violators of the Clean Air Act may be paid up to $10,000.

Question 17

The National Pollutant Discharge Elimination System focuses on industrial wastewater and storm water discharges.

Question 18

Federal law provides the basis for issuing regulations to control multistate air pollution.

Question 19

Different standards for air quality apply to existing sources of pollution and major new sources.

Question 20

The primary responsibility for preventing and controlling air pollution rests with the federal government.

Question 21

Liability does not extend to businesses that merge with or buy corporations that have violated CERCLA.

Question 22

Regional Disposal Center operates a recycling plant. Stan and other citizens file a suit, alleging injuries from the plant. To succeed, they must show that the defendant failed to use reasonable care if the suit is based on​

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

Question 23

Each supplier of drinking water is required to send an annual statement describing the source to every household it supplies.

Question 24

Special requirements must be met to discharge toxic chemicals into surface waters.

Question 25

Wetlands may be filled or dredged without a permit from the U.S. Army Corps of Engineers.

Question 26

The Environmental Protection Agency can prohibit altogether a toxic substance that poses an imminent hazard.

Question 27

Ultrahazard Corporation transports radioactive materials. Vince, an Ultrahazard employee, is diagnosed with radiation sickness after exposure to the materials. Vince's suit against Ultrahazard to recover for the injury is known as​

A) ​an environmental impact statement.
B) ​a nuisance.
C) ​a toxic tort.
D) ​a hazardous substance response.

Question 28

When a release of hazardous chemicals from a site occurs, potentially responsible parties can avoid liability through transfer of ownership.

Question 29

Gil begins to operate a hog farm next to Ilene's vineyard. She files a suit, alleging that the farm is a source of pollution, a nuisance, and unreasonably interferes with the enjoyment of her property. The court is most likely to award 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 30

Many point sources emitting pollutants into water do not need a permit.

Question 31

There are no defenses to liability under the Comprehensive Environmental Response, Compensation, and Liability Act.

Question 32

Public water system operators must meet the Environmental Protection Agency's standards regardless of the economic and technological feasibility.

Question 33

Harry makes a living by commercial fishing in a river allegedly polluted by Industrial Paint Company. To bring a suit against Industrial Paint on the ground of private nuisance, Harry must allege 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 the company.
C) ​the company's failure to use reasonable care to avert herm to Harry.
D) ​the same harm as that affecting the general public.

Question 34

It is a violation of federal law to destroy or deface any labeling required on a pesticide or herbicide.

Question 35

The Clean Water Act permits the filling or dredging of wetlands without a permit.

Question 36

Any oil facility that discharges oil into navigable waters or onto an adjoining shore may be liable for cleanup costs, as well as damages.

Question 37

Under the Clean Water Act, criminal penalties apply whether a violation was intentional or unintentional.

Question 38

It is a violation of federal law to sell a pesticide or herbicide that has a chemical strength different from the concentration declared on the label.

Question 39

Mineral Company operates a gravel pit next to Nora's residence. Nora files a suit against Mineral, alleging that the pit is a source of pollution, a nuisance, and unreasonably interferes with the enjoyment of her property. The court is most likely to award Norah 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 40

The Environmental Protection Agency is required to set maximum levels for pollutants in public water systems.

Question 41

Regulations governing air pollution cover mobile and stationary sources. Those who may be subject to penalties for violations of the Clean Air Act include

A) ​corporate officers who knowingly violate the act.
B) ​persons who provide information about violators but otherwise fail to act.
C) ​private citizens who fail to sue violators.
D) ​none of the choices.

Question 42

Air Power Corporation wants to build a wind plant on private land, for which a federal permit is required. For this action, an environmental impact statement is

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

Question 43

Without a permit, Timberline Plywood Company discharges its untreated wastewater into Urban City's storm drainage pipes, which empty into Valley Creek. Under the Clean Water Act, this discharge is most likely

A) ​a violation.
B) ​not a violation because the company does not have a permit.
C) ​not a violation because water is not a stationary source.
D) ​not a violation because a storm drainage pipe is not a point source.

Question 44

The state of California passes a law to restrict emissions form motor vehicles. Thee emissions may also be regulated by

A) ​other states and the federal government.
B) ​no other government.
C) ​the federal government only.
D) ​other states only.

Question 45

Fried Food, Inc., operates a commercial frying plant, discharging pollutants into the air. Greg reports the violations to the Environmental Protection Agency. Greg​

A) ​is not entitled to a 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 46

Glass Company operates a manufacturing plant on Hometown River. Discharging pollutants from the plant into the river can result in

A) ​civil penalties and criminal penalties.
B) ​civil penalties only.
C) ​criminal penalties only.
D) ​no penalties.

Question 47

Clean Wash, Inc., operates a chain of car washes 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 regulatory agencies.
C) ​local chambers of commerce.
D) ​local police departments.

Question 48

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 49

The National Park Service hires Outdoor Play, Inc., to replace outdated playground equipment in a handful of national parks. For this action, an environmental impact statement 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 50

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 51

Loaf & Biscuit LLC operates a dough making and packaging plant-a "major source"-that emits hazardous air pollutants for which the Environmental Protection Agency has set maximum levels of emission. The plant does not use equipment to reduce its emissions. Under the Clean Air Act, this is most likely

A) a violation.
B) ​not a violation because dough is not considered a pollutant.
C) ​not a violation because the plant does not use any equipment.
D) ​not a violation because the plant is not a mobile source.

Question 52

Congress enacts a new air quality statute. The enforcement of this and other federal environmental legislation relies on

A) ​all levels of government and private citizens.
B) ​federal agencies only.
C) ​state and local governments only.
D) ​voluntary compliance.

Question 53

The operations of Metal Industries, Inc., are major sources of air pollution. 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 54

Deep Earth Extraction, Inc., operates a facility near Estuary Bay. Discharging waste from the facility into the bay can result in

A) ​penalties and damages.
B) ​penalties only.
C) ​damages only.
D) ​none of the choices.

Question 55

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 56

Blue Water Power Corporation wants to begin operations that include the discharge of waste into navigable waters. Under the Clean Water Act, Blue must install certain equipment

A) ​with all deliberate speed after beginning operations.
B) ​before beginning operations.
C) ​only on a voluntary basis.
D) ​only if a regulatory agency challenges the discharge.

Question 57

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 statement is most likely

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

Question 58

Without a permit from the U.S. Army Corps of Engineers, Condos Corporation fills a wetlands area that it owns in preparation for the construction of a housing complex. Under the Clean Water Act, this is most likely

A) ​a violation.
B) ​not a violation because a permit is not needed to fill wetlands.
C) ​not a violation because the area was filled before construction.
D) ​not a violation because there was no discharge of pollution.

Question 59

Smelting, Inc., operates a plant-a "major source"-that emits hazardous air pollutants for which the Environmental Protection Agency has set maximum levels of emission. The plant does not use equipment to reduce its emissions. Under the Clean Air Act, this is most likely

A) ​a violation.
B) ​not a violation because a "major source" is exempt.
C) ​not a violation because the plant does not use any equipment.
D) ​not a violation because the plant is not a mobile source.

Question 60

Fire Retardants Inc. operates without required pollution control technology, causing a discharge of chemical waste into Green Lake. This can result in

A) ​a fine.
B) ​an injunction.
C) ​imprisonment.
D) ​all of the choices.

Question 61

Bertha owns land located outside Centre City. Bertha sells the land to Disposal & Recycling, Inc., which establishes a hazardous waste disposal facility at the site. Disposal & Recycling accepts only waste transported by Eco Trucking Inc. exclusively from Federated Industries, Inc. Several years later, Disposal & Recycling closes its facility and sells the land to Garden Variety Retail Corporation, which builds a Home & Yard store on the site. Meanwhile, some of Centre City's citizens complain to the Environmental Protection Agency (EPA) that the city's municipal water supply is polluted. The EPA investigates and discovers that the sources of the pollution are leaks of hazardous waste from what is now the Home & Yard site. The EPA cleans up the site. Who can be held liable for the cost of cleaning up the site? What standards must Centre City meet regarding the water?​

Question 62

A cruise ship owned by Bayshore Cruises Inc. discharges some of the oil contained in its hold into Chesapeake Bay and onto the shore. Under the Oil Pollution Act, this is most likely

A) ​a violation.
B) ​not a violation because this type of discharge is not pollution.
C) ​not a violation because a cruise ship is not a stationary source.
D) ​not a violation because a ship's hold is not a point source.

Question 63

County Water District operates a public water supply system. The district must send to every household that it supplies with water an annual statement describing

A) ​the district's financial situation and material facts that might affect it.
B) ​other operations, such as irrigation and water conservation, in which the district 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 64

Hi-Yield, 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 65

Noxious, 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 Noxious'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 66

Metro City operates its own municipal public drinking water system for which the Environmental Protection Agency has set maximum levels of pollutants. Metro does not use any equipment to meet these standards. With regard to any contamination of the water, under the Safe Drinking Water Act, this is most likely

A) ​a violation.
B) ​not a violation because Metro does not set the standards.
C) ​not a violation because water is not a stationary source.
D) ​not a violation because Metro does not use any equipment.

Question 67

Before being transported, hazardous waste generated by Perilous Fabrication, 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) ​Perilous Fabrication, Inc.

Question 68

BioChem Corporation operates a hazardous waste storage facility. ChemCo Inc. buys BioChem before it is discovered that the firm's disposal practices violated CERCLA. With respect to these violations, Superfund imposes on ChemCo​

A) ​strict liability.
B) ​liability under the nuisance doctrine.
C) ​liability on a negligence theory.
D) ​no liability.

Question 69

Under the Marine Protection, Research, and Sanctuaries Act (the Ocean Dumping Act), Coastline Chemicals, Inc., 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 70

Metal Foundry Inc.'s complex spews smoke and odors. The site features its own rail system, and trucks enter and exit the complex night and day. Neal and other residents of an adjacent neighborhood can feel the vibrations of the trains and trucks, and suffer other effects from the operations. Neal and others file a suit against Metal Foundry. Why might the court rule in favor of the defendant?

Question 71

Disposal Company operates a hazardous waste storage facility. Concerned that there may be a release of chemicals from the site, the company sells the property to Eager Developers, Inc. If there is a release, the seller is most likely

A) ​liable.
B) ​not liable because the site was sold before the release.
C) ​not liable because the company was concerned about the release.
D) ​not liable because the company no longer operates the facility.

Question 72

Smelting & Refining Company generates solid waste considered hazardous. The company labels and packages properly all waste to be transported to a disposal site. Under the Resource Conservation and Recovery Act, this is most likely

A) ​not a violation.
B) ​a violation because Smelting & Refining generates solid waste.
C) ​a violation because the waste is transported off-site.
D) ​a violation because the waste is considered hazardous.