Deck 45: Environmental Law

Question 1

For an activity to be treated as a public nuisance there must be some interference with the health,safety,or comfort of the public.

Answer 1

True

Question 2

Private tort actions may not be used to recover for environmental damage.

Answer 2

False

Question 3

A lightning strike causes an explosion at Johnson's Oil refinery,which was located close to Maintown.Fumes from the resulting fires at the plant have sent the nearby townspeople to the hospital for severe respiratory distress.Johnson's Oil will be liable for the townspeople's injuries directly resulting from the fumes.

Answer 3

True

Question 4

The 1990 Clean Air Act Amendments provide that EPA must establish new NAAQS for major pollutants every five years.

Question 5

Promulgation of a new NAAQS does not require each state to submit an SIP.

Question 6

Generally,only a public representative,such as the attorney general,may sue to stop a public nuisance.

Question 7

The Council on Environmental Quality is a separate administrative agency that advises the president on environmental issues.

Question 8

Private tort actions have been quite successful in controlling environmental damage.

Question 9

In an action for damages in a nuisance suit,the plaintiff is required to prove that the defendant's conduct is unreasonable.

Question 10

An environmental impact statement is required by NEPA if federal legislation or action will have a significant environmental effect.

Question 11

The EPA may not impose civil fines.

Question 12

Although a federal agency must consider all reasonable alternatives in an EIS,doing nothing need not be considered.

Question 13

NEPA is a federal act that focuses on particular environmental hazards without stating national environmental policy.

Question 14

The term "nuisance" in the law may mean two distinct types of wrongful actions: one a private nuisance,the other a public nuisance.

Question 15

R-T,Inc.must notify the EPA before it manufactures a new chemical,and the EPA administrator may limit or prohibit the chemical's manufacture or distribution.

Question 16

The states initially had primary responsibility for controlling air pollution.

Question 17

To establish trespass to land,a plaintiff must show interference with the right of exclusive possession of the property.

Question 18

Agricultural and urban runoff are examples of point source pollution,which is inherently more difficult to control than nonpoint source pollution.

Question 19

The United States Congress overwhelmingly ratified the Kyoto Protocol relating to multi-national reduction of greenhouse gases.

Question 20

The CEQ requires that federal agencies make environmental assessments that are major,lengthy studies of potential environmental destruction.

Question 21

If the EPA determines that an SIP is not complete,the EPA must treat it as a nullity in whole.

Question 22

The Council on Environmental Quality is a four-member advisory group to the EPA.

Question 23

The EPA may impose criminal fines and seek incarceration or imprisonment for persons who are convicted of violations of some environmental laws.

Question 24

Because private causes of action have proved to be inadequate to recompense and prevent environmental damage,the federal,state,and local governments have enacted statutes designed to protect the environment.

Question 25

In order for Beth to receive a permit for her plastics factory in a nonattainment area,she must show that the factory's emission rates will be within the average range for the industry.

Question 26

The NPDES is a highly effective water emission technology required to be used by the EPA.

Question 27

To qualify as an innocent landowner under SARA,a person must have,at the time of acquiring the property,asked about the previous ownership and uses of the property.

Question 28

If,after making an environmental assessment,a federal agency decides no EIS is required,it must make this decision available to the public.

Question 29

There is currently a law promoting the purchase,development,and use of industrially polluted property.

Question 30

Phoenix,Arizona might be classified as a PSD area with respect to some pollutants,but not with respect to others.

Question 31

An approved SIP is treated as both state and federal law,enforceable by either its state of implementation or the federal government.

Question 32

A nonpoint source is land use that causes pollution.

Question 33

NEPA imposes the responsibility for maintaining the environment on all federal agencies.

Question 34

The Clean Air Act requires that the standard of performance for new stationary sources that are constructed or modified after the publication of regulations reflect emissions achievable through application of the best available technological system of continuous emission reduction.

Question 35

The "bubble concept" is used by the EPA to view an entire plant as one source to evaluate emissions.

Question 36

In order for Mitchell,the owner of an asphalt factory,to obtain a permit from the Colorado Environmental Protection Agency to modify his factory in a PSD area,he must demonstrate that his factory will utilize the best available control technology.

Question 37

Under the Superfund Recycling Act of 1999,recyclers are exempt from clean-up cost liability to the government or third parties.

Question 38

If,after performing an environmental assessment,a federal agency concludes that an EIS is not required,the agency must engage in "scoping."

Question 39

The Clean Water Act imposes civil penalties but not criminal penalties for violations of the Act.

Question 40

All present and former owners of contaminated property have liability for its Superfund clean-up costs if they caused the contamination or if they owned the property while it was contaminated,whether or not they knew of the contamination.

Question 41

Which of the following is not true about chlorofluorocarbons (CFCs)?

A)They deplete the ozone layer.
B)By 1985, scientists believed that the release of CFCs into the atmosphere had caused a hole in the ozone layer in the stratosphere.
C)There are no synthetic substitutes for CFCs.
D)CFCs are extremely potent greenhouse gases.

Question 42

Which of the following is true about the regulation of pesticide use by the EPA?

A)To be legally registered a pesticide must perform its intended function without posing unreasonable risk to humans or the environment.
B)The EPA may balance the economic and social costs of use of a pesticide in deciding whether to register it.
C)Once a pesticide is registered the registration cannot be canceled for five years.
D)Both (a) and (b).
E)Both (a) and (c).

Question 43

Jones went to C & C Bank to apply for a loan on a home he wanted to purchase.C & C Bank loaned the money to Jones because he had excellent credit.C & C never inspected the property Jones was purchasing.Two weeks later,five rusty and leaking 55-gallon drums of a toxic substance were found buried in a creekbed in Jones' backyard.Jones and the Bank's position with regard to liability for cleanup on the property would be:

A)that CERCLA could not impose strict liability for owners of or lenders of purchase money for contaminated property even if they acquired the property with knowledge of contamination.
B)that they would not be liable as innocent landowners as provided for in SARA and they would have an automatic defense.
C)that if the Bank and Jones made all appropriate inquiry into the previous ownership and uses of the property before purchase, they may not be liable.
D)that if it could be proven that neither Jones nor the bank unlawfully disposed of the toxic waste, they could not be found liable under CERCLA.

Question 44

To establish an environmental strict liability suit at common law,the plaintiff must show that the:

A)defendant was negligent in her operations.
B)plaintiff was not negligent.
C)defendant is engaged in an abnormally dangerous activity in an inappropriate location.
D)location for such activity is indeed appropriate.

Question 45

A detailed statement concerning the environmental impact of a proposed federal action is:

A)a National Ambient Air Quality Standard.
B)an Environmental Impact Statement.
C)the bubble concept.
D)an Environment Interior Standards Review.

Question 46

The 1990 amendments to the Clean Air Act:

A)require the EPA to decide whether an SIP is complete; if it is, the EPA must approve or disapprove the plan within six months.
B)attempt to halt environmental destruction caused by acid rain.
C)do not permit utilities to sell their emission allowances.
D)allot sulfur dioxide emission allowances to utilities based on the "bubble concept."

Question 47

TSCA includes provisions that:

A)regulate the manufacture of new chemicals.
B)allow for the registration of pesticides.
C)require that exports be labeled "not registered for use in the United States of America."
D)All of the above.

Question 48

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

A)Only limited increase in air pollution is allowed.
B)New construction of a major stationary source requires a permit from the state.
C)To receive a permit, a new source must show it will use the best control technology available.
D)All of the above.
E)None of the above.

Question 49

The most important federal statute(s)governing hazardous substances include(s):

A)SARA.
B)CEQ.
C)FIFRA.
D)Both (b) and (c).
E)Both (a) and (c).

Question 50

The RCRA was enacted by Congress:

A)to provide a comprehensive scheme of treatment for hazardous solid waste.
B)and established a manifest system to be used by generators.
C)and gave states the primary responsibility for hazardous waste.
D)Both (a) and (b).
E)Both (b) and (c).

Question 51

In suing to recover for environmental damage under the common law,plaintiffs generally have had causes of action in:

A)nuisance.
B)trespass.
C)strict liability.
D)All of the above.

Question 52

The Clean Air Act requires the EPA Administrator to do what,regarding new stationary sources?

A)Establish federal standards of performance that reflect the best technological system of emission reduction.
B)Establish performance standards that will match emissions from existing sources.
C)Allow no discharge of any pollutants.
D)All of the above.

Question 53

The FIFRA registration is legal only if:

A)it is completed within 60 days of the pesticide's distribution.
B)the pesticide complies with FIFRA labeling requirements.
C)the pesticide will not cause any adverse environmental effects when used in accordance with commonly recognized practice.
D)All of the above.

Question 54

The National Pollutant Discharge Elimination System may require that discharge permits be obtained from:

A)the EPA.
B)the Army Corps of Engineers.
C)an individual state.
D)Any of the above.

Question 55

CERCLA is an act that:

A)regulates current and future generation, transportation, and disposal of hazardous waste.
B)provides limited authority for the cleanup of inactive and abandoned hazardous waste sites.
C)requires the federal government to establish a National Contingency Plan.
D)Both (a) and (b).

Question 56

Which of the following statement(s)is true concerning the Montreal Protocol on Substances that Deplete the Ozone Layer?

A)The United States and 23 other countries signed it.
B)It was not signed by the United States but was signed by 23 other countries.
C)It is a treaty that requires all signatories to reduce their production and consumption of all chemicals.
D)It is a treaty that requires all signatories to reduce their production and consumption of only CFC's.
E)Both (a) and (c).

Question 57

The scope of an EIS:

A)does not apply to psychological effects.
B)does not apply to the urban environment.
C)is narrowly construed.
D)applies to a broad range of types of effects.

Question 58

Which of the following best describes the manifest system?

A)It is the best available technology requirement as described in the Clean Air Act.
B)It is the national pollution policy as set forth in NEPA.
C)It is the registration system required by TSCA.
D)It is a form on which a generator certifies that the toxicity of waste has been reduced to the greatest degree that is economically practicable.

Question 59

Lostowne was economically depressed until Sally's Firecracker Corp.moved its factory there.Test explosions and the acrid smell of sulfur then interfered with Bob's enjoyment of the old family home.Bob sues Sally for nuisance and seeks a court-ordered injunction to close down the factory.In determining whether the injunction is appropriate,the court will:

A)"balance the equities."
B)consider the gravity of harm to Bob and his family.
C)consider the social value of Sally's business.
D)consider the public interest in the jobs created by Sally's and the economic upturn in Lostowne.
E)All of the above.

Question 60

The CERCLA trust fund is financed by a:

A)tax on chemical feedstocks.
B)surtax on businesses with annual incomes over $2 million.
C)tax on petroleum.
D)All of the above.

Question 61

NEPA requires that the EIS contain:

A)an analysis of the relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity.
B)reversible and retrievable commitments of resources involved.
C)only a brief outline of the adverse environmental effects of a proposed action.
D)All of the above.

Question 62

To establish a private nuisance,a plaintiff:

A)must show that the defendant has substantially and unreasonably interfered with the use and enjoyment of the plaintiff's land.
B)must show that in an action for damages in conjunction with private nuisance, the defendant's conduct was unreasonable.
C)need not show that the interference was unreasonable.
D)need only show that the quiet enjoyment of plaintiff's land was substantially impacted.

Question 63

To establish trespass to land,a plaintiff:

A)must show an invasion that interferes with the plaintiff's right of exclusive possession of property that is at least an indirect result of the defendant's actions.
B)need not show the plaintiff's right to exclusive possession, but must show that the defendant's actions were unreasonable.
C)must show an invasion that interferes with the plaintiff's right of exclusive possession of property and that it is a direct result of the defendant's actions.
D)need not show the plaintiff's right to exclusive possession.

Question 64

In the Massachusetts v.Environmental Protection Agency case,the Supreme Court found that:

A)the EPA did not have statutory authority to regulate the emission of greenhouse gasses from new motor vehicles.
B)courts may reverse any administrative agency action found to be arbitrary, capricious, or an abuse of discretion.
C)the Clean Air Act provides a narrow definition of "air pollutant," but the EPA has the authority to clarify the definition.
D)All of the above.
E)Both (a) and (b).

Question 65

List and define the common law remedies for environmental damage.

Question 66

What is the Council on Environmental Quality?

Question 67

What are the two major issues that the NEPA (National Environmental Policy Act)addresses?

Question 68

Petrol Corp.owns several drilling operations in the Gulf of Mexico,refineries,service stations,and tanker trucks for transporting their products.Petrol Corp.hires an environmental manager to keep the company in compliance with various environmental laws.What laws will the environmental manager need to study and why?

Question 69

What is the purpose of the Montreal Protocol?

Question 70

Milly owns a car rental business that nets over $2 million.How is Milly contributing to the CERCLA trust fund?

Question 71

Discuss common problems related to private causes of action with reference to the environment.