Question 1

The EPA was created by order in to mount an integrated, coordinated attack on pollution.

Accepted Answer

The EPA (Environmental Protection Agency) was created by executive order in 1973 by then-President Richard Nixon. It was established to centralize and coordinate efforts to protect the environment and public health from pollution.

Question 2

A battery cell manufacturer has been disposing its hazardous wastes into a local water body. This waste has seeped into the ground water table and contaminated it. Residents in the area have been falling ill due to water poisoning. The residents can file an action based on against the battery cell manufacturer.

Accepted Answer

The battery cell manufacturer has been negligent in disposing of its hazardous wastes in a manner that has contaminated the groundwater and caused harm to the residents. The residents can file an action based on negligence. Nuisance refers to a type of harm caused by interference with someone's use and enjoyment of their property, but it is not the best choice here. Invasion of privacy and assault are not relevant in this case.

Question 3

The federal agency charged with the responsibility for conducting an integrated, coordinated attack on all forms of pollution of the environment is the .

Accepted Answer

The Environmental Protection Agency (EPA) is the federal agency authorized to protect human health and the environment by enforcing environmental laws and conducting research to develop new solutions to environmental problems. The EPA is responsible for conducting an integrated, coordinated attack on all forms of pollution of the environment, and is therefore the best choice for this question. The Global Environment Facility (GEF), Department of Environmental Management (DEM), and Center for International Environmental Law (CIEL) are not federal agencies charged with this responsibility.

Question 4

Describe the various alternatives to direct regulation and state the problems with each of them.

Accepted Answer

The answer of Describe the various alternatives to direct regulation...

Question 5

The primary problem with the government subsidies approach is that when a subsidy is for less than 100 percent of the cost, the firm that limits its pollutants must still pay the difference between the actual cost and the subsidy.

Accepted Answer

This is correct. When a subsidy is for less than 100 percent of the cost, the firm still has to pay the difference between the actual cost and the subsidy, even if they limit their pollutants. This can still be a burden on the company and may not provide enough incentive for them to make significant changes in their production processes.

Question 6

Which of the following is the primary method of controlling pollution today?

Accepted Answer

Direct regulation, such as setting limits on emissions and pollutants, is currently the most common method of controlling pollution. Nuisance and negligence actions are reactive and dependent on harm being caused, while incentives may not always be enough to encourage businesses to prioritize environmental concerns.

Question 7

Nuisance actions are used primarily as a way for plaintiffs to .

Accepted Answer

Nuisance actions are typically used by plaintiffs to seek compensation for damages they have suffered as a result of pollution or other environmental nuisances. These damages may include property damage, health problems, or other economic losses. While nuisance actions may sometimes result in injunctive relief, their primary goal is usually to recover monetary damages.

Question 8

Which of the following best illustrates a technology-driven standard set by direct regulation?

Accepted Answer

A technology-driven standard set by direct regulation specifies the use of a particular technology or method, such as setting air filters on high, to achieve compliance.

Question 9

Which of the following is a feature of the marketable discharge permits approach?

Accepted Answer

The marketable discharge permits approach involves the government setting a cap on the total amount of pollution allowed and distributing permits that allow holders to emit a certain amount of pollution. This creates a market for permits, incentivizing companies to reduce emissions to sell excess permits.

Question 10

Negligence actions involving hazardous materials are often difficult to prosecute successfully, primarily because .

Accepted Answer

Negligence actions involving hazardous materials are often difficult to prosecute successfully because many of the pollutants do not cause immediate harm, making it hard to prove causation. Defenses such as comparative negligence may still be available, and the seriousness of the action is not necessarily related to its success in prosecution.

Question 11

Technology-forcing standards assume that once standards have been established, the industries will be forced to develop the technology needed to meet the standards.

Accepted Answer

Technology-forcing standards are designed to push industries to develop new technologies or improve existing ones in order to meet the standards that have been established. This approach assumes that the market alone will not drive innovation, and that regulations and standards are needed to encourage progress.

Question 12

Which of the following best illustrates a technology-forcing standard set by direct regulation?

Accepted Answer

A technology-forcing standard set by direct regulation is one that requires the use of a particular technology or process to meet a specific environmental or public health outcome. Option C best illustrates this as it sets a specific air quality standard with the aim of reducing the number of asthma cases. The other options do not clearly specify a desired outcome and do not necessarily force a particular technology or process to be used.

Question 13

Like other areas of administrative law, environmental law is primarily made up of regulations passed by a _ agency operating under the guidance of mandates.

Accepted Answer

Environmental law is largely a federal matter, with the majority of regulations and statutes being passed by the Environmental Protection Agency (EPA) - a federal administrative agency - operating under the guidance of mandates from Congress.

Question 14

The availability of defenses, such as contributory or comparative negligence, helps improve the effectiveness of the negligence tort.

Accepted Answer

The answer of The availability of defenses, such as contributory...

Question 15

Omar lives in the vicinity of a coal refinery. The pollutants from the refinery deposit a coat of soot on everything in the surrounding areas. In order to regulate the pollution from the refinery, Omar can file an action based on .

Accepted Answer

Omar can file an action based on nuisance, which is a type of tort law that involves unreasonable interference with the use and enjoyment of someone's land or property. The pollution from the coal refinery is impacting the quality of life for residents in the area, and therefore constitutes a nuisance.

Question 16

Which of the following torts was first used in an attempt to regulate pollution?

Accepted Answer

The tort of nuisance was first used in an attempt to regulate pollution. It involves a substantial interference with the use and enjoyment of land, caused by an unreasonable activity. In the context of pollution, this could include emitting harmful chemicals, noxious odors, or excessive noise. Over time, environmental laws and regulations have also been developed to address pollution, but the tort of nuisance remains an important tool in some cases.

Question 17

Which of the following is primarily responsible for enforcing environmental regulations?

Accepted Answer

Administrative agencies, such as the Environmental Protection Agency (EPA), are primarily responsible for enforcing environmental regulations. They have the authority to investigate and take action against individuals or companies that violate the regulations. State and federal courts may also play a role in enforcing regulations, but it is typically the responsibility of the administrative agencies to initiate enforcement actions. The Congress may pass laws related to environmental regulation, but it is the administrative agencies that implement and enforce these laws.

Question 18

Which of the following is true of the emission charges approach?

Accepted Answer

The answer of Which of the following is true of...

Question 19

Technology-driven standards try to achieve the greatest improvements possible with new levels of technology.

Accepted Answer

The answer of Technology-driven standards try to achieve the greatest...

Question 20

Technology-forcing standards are set primarily on the basis of _.

Accepted Answer

The answer of Technology-forcing standards are set primarily on the...

Quiz 22: Environmental Law