Question 1

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

Accepted Answer

It is a violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to remove or deface any labeling required on a pesticide or herbicide. This law is enforced by the Environmental Protection Agency (EPA) and those who violate it can face penalties and fines. Proper labeling is important for informing users of potential risks and ensuring safe and effective use of these products.

Question 2

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

Accepted Answer

The answer of Under the Clean Water Act,criminal penalties apply...

Question 3

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

Accepted Answer

Liability can extend to businesses that merge with or buy corporations that have violated CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act). The liability is known as successor liability, which means that the acquiring business may be responsible for the liabilities of the acquired corporation. However, there are some exceptions and defenses available under CERCLA for the acquiring business to avoid or limit its liability.

Question 4

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.

Accepted Answer

This is stated in the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), which requires that all pesticides sold in the United States be registered with the Environmental Protection Agency (EPA) and be labeled with specific information about their chemical composition and strength. Any deviation from this labeling is a violation of federal law.

Question 5

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

Accepted Answer

The answer of Gil begins to operate a hog farm...

Question 6

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

Accepted Answer

The answer of Public water system operators must meet the...

Question 7

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

Accepted Answer

This statement is mandated by the Safe Drinking Water Act in the United States.

Question 8

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

Accepted Answer

In general, most point sources that discharge pollutants into water do require a permit, such as those regulated by the Clean Water Act in the United States. However, there may be some exceptions depending on the type and amount of pollutants being discharged and the regulatory requirements of the specific jurisdiction.

Question 9

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

Accepted Answer

Wetlands are protected under the Clean Water Act, and a permit from the U.S. Army Corps of Engineers is typically required to fill or dredge wetlands. Exceptions to this rule may exist for certain types of activities, but they are generally limited and require careful consideration of potential environmental impacts.

Question 10

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

Accepted Answer

The answer of There are no defenses to liability under...

Question 11

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

Accepted Answer

This statement is true according to the Oil Pollution Act of 1990 (OPA 90).

Question 12

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​

Accepted Answer

Negligence requires a duty of care, a breach of that duty, causation, and damages. Therefore, to succeed in a negligence theory, the plaintiffs would have to show that the defendant failed to use reasonable care in operating the recycling plant and that their injuries were a direct result of that failure to use reasonable care. In contrast, nuisance theory requires a showing of an unreasonable interference with the use and enjoyment of property, which may not be the best match for injuries caused by a recycling plant. Strict liability theory would require proof of the plant's inherent danger or abnormality, which may not be present in a typical recycling plant. Therefore, choice A is the best answer.

Question 13

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​

Accepted Answer

The situation described involves Vince being harmed by exposure to radioactive materials, which would fall under the category of a toxic tort. A toxic tort is a type of civil lawsuit in which an individual or group seeks compensation for harm caused by exposure to a toxic substance.

Question 14

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

Accepted Answer

Transfer of ownership does not absolve potential responsible parties of liability for hazardous chemical releases from a site. The new owner will still be responsible for cleaning up the site and addressing any environmental harm caused by the release.

Question 15

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

Accepted Answer

This is mandated by the Safe Drinking Water Act, and the EPA sets standards for more than 90 contaminants in public water systems.

Question 16

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

Accepted Answer

The Clean Water Act requires a permit for the filling or dredging of wetlands.

Question 17

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

Accepted Answer

The EPA has the authority to completely ban the production and use of a toxic substance if it is deemed to pose an immediate threat to public health or the environment. This is done through the Toxic Substances Control Act (TSCA) and other regulatory mechanisms.

Question 18

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

Accepted Answer

In order to bring a suit against Industrial Paint on the ground of private nuisance, Harry must allege that he suffers from a distinct harm separate from that affecting the general public. This means that the harm Harry is experiencing must be different and more personal than the harm that the general public is experiencing.

Question 19

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

Accepted Answer

The court is likely to award Nora an injunction if letting the pollution continue is more harmful than stopping it. This is because the court's primary objective is to protect the health and well-being of the community and the environment. If the court determines that allowing the pit to continue its operation and resulting pollution is more harmful than temporarily halting its operation, then it is likely to award Nora an injunction to minimize the harm.

Question 20

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

Accepted Answer

The Clean Water Act requires special permits and requirements for discharging toxic chemicals into surface waters.

Quiz 25: Environmental Law