Question 1

A civil nuisance may be terminated by abatement or closure by government authority, while a criminal nuisance is not subject to such action.

Accepted Answer

The statement is false. Both civil and criminal nuisances may be terminated by abatement or closure by government authority.

Question 2

The EPA's highest standard to regulate conventional water pollutants is the best available treatment (BAT) standard.

Accepted Answer

The EPA's highest standard to regulate conventional water pollutants is indeed the best available treatment (BAT) standard.

Question 3

The Clean Air Agency was authorized by Congress to establish national air quality standards and see that the states developed plans for the implementation of those standards.

Accepted Answer

The Clean Air Agency does not exist. The Environmental Protection Agency (EPA) was authorized by Congress to establish national air quality standards and oversee state implementation plans.

Question 4

The primary method the EPA uses for determining whether a factory can be built in a dirty area is the emissions offset policy.

Accepted Answer

The EPA uses the emissions offset policy as the primary method for determining whether a new facility can be built in an area that already has high levels of pollution. Under this policy, the new facility must offset its emissions by reducing pollution from another source in the same area. This helps to prevent further environmental harm and improve overall air quality in the community.

Question 5

Due diligence is the process by which the buyer of property conducts a thorough investigation of the property and its uses to determine whether environmental or nuisance problems exist.

Accepted Answer

Due diligence is indeed a process where a buyer conducts a thorough investigation of the property before purchase, including environmental and nuisance issues.

Question 6

Under the Clean Water Act, the EPA has developed effluent guidelines, which are ranges for discharges organized according to industrial groups and for specific plants in each of these groups.

Accepted Answer

This is correct. The Clean Water Act requires the EPA to set effluent limitations, which are guidelines for the allowed amount of pollutants that can be discharged into water from point sources such as industrial facilities. These guidelines are established for specific industrial categories and, in some cases, for individual facilities within those categories. They are designed to protect public health and the environment by limiting the amount of pollutants that can be released into waterways.

Question 7

The current EPA standard for coal-fired power plants is maximum achievable control technology (MACT).

Accepted Answer

The current EPA standard for coal-fired power plants is MACT. This standard requires the use of the best available control technology to limit emissions of pollutants, including mercury, sulfur dioxide, and particulate matter.

Question 8

Nuisances may be classified as either private nuisances or public nuisances.

Accepted Answer

Nuisances can be classified as private nuisances, which affect a specific individual or group, or public nuisances, which affect the general public or community.

Question 9

Those affected by a nuisance are entitled to damages for the loss of the use of the land or for harm that is caused by the nuisance.

Accepted Answer

This statement is true. Those affected by a nuisance can seek damages for any harm caused by the nuisance or for the loss of the use of their property.

Question 10

Groups such as NIMBYs (not in my backyard) have become active in challenging nuisances, everything from cell phone towers to wind turbines.

Accepted Answer

NIMBYs have indeed become active in challenging various nuisances.

Question 11

Solid waste disposal regulations today deal almost entirely with recycling.

Accepted Answer

While recycling is an important component of modern solid waste disposal regulations, it is not the only aspect. Regulations also cover landfilling, incineration, and hazardous waste management, among other issues.

Question 12

Funds from the Superfund are used to pay the cost of eliminating or containing condemned waste sites.

Accepted Answer

The Superfund is a federal program that provides funding and resources to clean up abandoned or condemned waste sites. The funds are used to pay for the cost of eliminating or containing the hazardous waste at these sites, and can also be used for long-term monitoring and maintenance of the site. Therefore, the statement that funds from the Superfund are used to pay the cost of eliminating or containing condemned waste sites is true.

Question 13

The Resource Conservation and Recovery Act (RCRA) regulates the disposal and dumping of potentially harmful substances through a permit system using federal grants to encourage the restoration of damaged resources.

Accepted Answer

The Resource Conservation and Recovery Act (RCRA) does regulate the disposal and dumping of potentially harmful substances through a permit system and it does use federal grants to encourage the restoration of damaged resources.

Question 14

States that do not meet federal standards under The Clean Air Act are classified as nonattainment areas.

Accepted Answer

This statement is true. States that do not meet federal standards for air quality under The Clean Air Act are classified as nonattainment areas.

Question 15

The primary federal agency responsible for federal environmental laws is the EPA.

Accepted Answer

The EPA, or Environmental Protection Agency, is the primary federal agency responsible for enforcing and implementing federal environmental laws, regulations, and policies.

Question 16

A private citizen can bring a suit to halt the construction of a dam by the federal government if the agency responsible failed to conduct an environmental impact study or if the study is inadequate.

Accepted Answer

The National Environmental Policy Act (NEPA) gives private citizens the right to petition federal agencies about environmental concerns and to bring a civil action in federal court to enforce NEPA requirements, including challenges to inadequate environmental impact statements. This includes challenges to the construction of dams by the federal government.

Question 17

The Noise Control Act sets the standards for lawn mowers, automobiles, and other devices often found in suburban neighborhoods.

Accepted Answer

The answer of The Noise Control Act sets the standards...

Question 18

Both companies and their employees are subject to criminal penalties for violations of federal environmental laws.

Accepted Answer

Both companies and their employees can be held criminally liable for violating federal environmental laws. Under the U.S. Environmental Protection Agency, various federal environmental laws such as the Clean Air Act, Clean Water Act, and Toxic Substances Control Act establish strict penalties and fines for violators. Companies and individuals can face imprisonment, monetary penalties, or both.

Question 19

An example of a nuisance could be smoke from a chemical plant that damages the paint on neighboring houses.

Accepted Answer

Smoke from a chemical plant that damages the paint on neighboring houses can be considered a nuisance as it negatively impacts the property of nearby residents.

Question 20

The fact that harm occurred is sufficient to establish a prima facia case for a nuisance.

Accepted Answer

The occurrence of harm alone is not sufficient to establish a prima facie case for a nuisance; it must also be shown that the defendant's actions were unreasonable and interfered with the plaintiff's use and enjoyment of their property.

Quiz 49: Environmental Law and Land Use Controls