Question 1

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

Accepted Answer

False

Question 2

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

Accepted Answer

The 1990 Clean Air Act Amendments require EPA to review and revise the NAAQS every five years, not every three years.

Question 3

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

Accepted Answer

The National Environmental Policy Act (NEPA) is a federal act that not only identifies particular environmental hazards but also establishes a national environmental policy for promoting the enhancement of the environment.

Question 4

The Council on Environmental Quality is a legislative agency.

Accepted Answer

The Council on Environmental Quality is not a legislative agency, it is a branch of the executive office of the United States government, responsible for coordinating and overseeing federal environmental efforts and ensuring that environmental considerations are integrated into the decision-making process of federal agencies.

Question 5

A federal agency is required to consider only all reasonable alternatives in an EIS.

Accepted Answer

The National Environmental Policy Act (NEPA) requires federal agencies to consider all reasonable alternatives to the proposed action in an Environmental Impact Statement (EIS). This includes a "no-action" alternative and alternatives that are technically and economically feasible. The agency must also provide a detailed analysis of the environmental impacts associated with each alternative.

Question 6

Under the Superfund Recycling Act of 1999,recyclers may be liable to third parties,but not to the federal or state governments.

Accepted Answer

The Superfund Recycling Equity Act (SREA) of 1999 does not state that recyclers may be liable to third parties but not to the federal or state governments. Instead, it provides certain exemptions to recyclers from the liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for damages resulting from releases of hazardous substances, under specific conditions.

Question 7

The EPA may impose civil fines.

Accepted Answer

The EPA (Environmental Protection Agency) has the authority to impose civil fines for violations of environmental regulations.

Question 8

Trespass differs from private nuisance in that nuisance does not require an interference with a plaintiff's possession of the land.

Accepted Answer

Trespass involves physical intrusion onto someone else's property, while private nuisance involves a non-physical interference with the use and enjoyment of someone else's property. Nuisance does not require an interference with the plaintiff's possession of the land.

Question 9

Although in recent years certain developed countries,such as the United States,have made significant progress in controlling pollutants,this is not the case worldwide.

Accepted Answer

While some developed countries have made progress in controlling pollutants, many other countries around the world still struggle with high levels of pollution.

Question 10

The Clean Air Act requires the use of reformulated automotive fuels to reduce ozone pollution.

Accepted Answer

The Clean Air Act, specifically the 1990 amendments, required the use of reformulated gasoline in certain areas of the United States to help reduce emissions of ozone-forming pollutants from automobiles.

Question 11

Public nuisance actions are very commonly used against polluters.

Accepted Answer

The answer of Public nuisance actions are very commonly used...

Question 12

Under NEPA,psychological health effects are considered to be environmental effects.

Accepted Answer

NEPA defines environmental effects broadly to include health and other effects on humans, as well as effects on cultural, historic, and aesthetic resources. Psychological health effects are thus considered to be environmental effects.

Question 13

A new NAAQS requires each state to submit an SIP.

Accepted Answer

When a new National Ambient Air Quality Standard (NAAQS) is established by the Environmental Protection Agency (EPA), each state is required to submit a State Implementation Plan (SIP) demonstrating how it will meet the new standard.

Question 14

The states initially had primary responsibility for controlling air pollution.

Accepted Answer

The Clean Air Act of 1963 initially gave primary responsibility to the states for controlling air pollution. However, the Act was later amended in 1970 to strengthen federal authority in enforcing air quality standards.

Question 15

NEPA does not apply to the urban environment.

Accepted Answer

NEPA (National Environmental Policy Act) applies to all actions taken by federal agencies that may impact the environment, regardless of whether they are in urban or rural areas. Therefore, the statement that NEPA does not apply to the urban environment is false.

Question 16

Private tort actions may be used to recover for environmental damage.

Accepted Answer

Private individuals, businesses, and organizations may file a claim for damages in a tort action against a party responsible for the environmental damage. Tort law provides injured parties with the ability to recover for harm caused by another's negligent, intentional, or reckless conduct.

Question 17

There has been an explosion at Johnson's Oil refinery because of a lightning strike.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.

Accepted Answer

Johnson's Oil will be liable for the injuries of the townspeople since it was their facility that caused the fumes and subsequent respiratory distress.

Question 18

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

Accepted Answer

The National Environmental Policy Act (NEPA) requires an environmental impact statement (EIS) if federal legislation, regulations, or actions are expected to have a significant effect on the environment.

Question 19

The CERCLA or Superfund was enacted to provide authority for cleanup of abandoned or inactive hazardous waste sites.

Accepted Answer

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) was enacted in 1980 to provide authority for cleanup of abandoned or inactive hazardous waste sites, also known as Superfund sites.

Question 20

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

Accepted Answer

This is true, as public nuisance laws are intended to protect members of the public from any interference or discomfort caused by the actions of others. This may include effects on public health, safety, or well-being, or any other impact that substantially interferes with the use and enjoyment of public space.

Quiz 45: Environmental Law