Question 1

The National Ambient Air Quality Standards allows the EPA to address indoor air pollution issues.

Accepted Answer

The National Ambient Air Quality Standards (NAAQS) only address outdoor air pollution, not indoor air pollution. However, the EPA has developed guidelines and recommendations for improving indoor air quality, such as the Indoor Air Quality (IAQ) Tools for Schools program.

Question 2

The National Ambient Air Quality Standards focus on six outdoor pollutants.

Accepted Answer

The National Ambient Air Quality Standards focus on six outdoor pollutants, including ground-level ozone, particulate matter, carbon monoxide, sulfur dioxide, nitrogen dioxide, and lead.

Question 3

In Whalen v. Union Bag & Paper Co., the New York Court of Appeals held that a pulp mill could be forced to cease operations if it polluted a creek, even if it was not negligent.

Accepted Answer

The statement accurately reflects the holding of the case Whalen v. Union Bag & Paper Co., which established strict liability for polluters in New York state.

Question 4

People who live along rivers may use the river's water in a reasonable manner and are legally obliged by riparian law to pass the water along in usable form.

Accepted Answer

Riparian law regulates the use of water resources by people who live along rivers. Under this law, riparian landowners have the right to use the water for reasonable and beneficial purposes, but they must not interfere with the rights of other riparian users. They are also required to pass the water along in usable form to downstream users.

Question 5

State Implementation Plans must provide schedules and timetables for compliance with emission levels.

Accepted Answer

State Implementation Plans (SIPs) are required by the Clean Air Act to demonstrate that areas within each state meet or exceed National Ambient Air Quality Standards (NAAQS). This includes providing schedules and timetables for compliance with emission levels to improve air quality.

Question 6

The Supreme Court has held that the Clean Air Act was designed to give states great freedom, with minimal federal interference, to design air pollution controls.

Accepted Answer

The Clean Air Act does grant states the ability to design their own plans to meet federal air quality standards, but it also establishes a significant level of federal oversight and sets minimum national standards that states must meet or exceed, thus not allowing "great freedom" with "minimal federal interference."

Question 7

In Whalen v. Union Bag & Paper Co., the New York Court of Appeals held that a pulp mill made such a significant economic contribution that it could not be forced to pay one small farmer damages for emitting pollutants into a creek that he used.

Accepted Answer

In Whalen v. Union Bag & Paper Co., the New York Court of Appeals did not hold that the economic contributions of the pulp mill exempted it from paying damages. Instead, the court found that the mill could be held liable for pollution that caused harm to Whalen's property, emphasizing that property rights are not absolute and must be balanced against public interest, but not granting immunity based on economic contribution.

Question 8

Each state is required to develop a State Implementation Plan to define control efforts necessary to achieve air quality in the state.

Accepted Answer

This statement is true. The Clean Air Act requires each state to develop and implement a State Implementation Plan (SIP) that outlines the necessary control measures to achieve and maintain air quality standards in the state. The plan must be submitted to the EPA for approval.

Question 9

The EPA is authorized by Congress to regulate air pollution to "achieve optimal public health."

Accepted Answer

The EPA is authorized to regulate air pollution under the Clean Air Act, but the language "achieve optimal public health" is not how its mandate is typically described. The EPA's goal is to protect human health and the environment from significant risks based on available scientific information.

Question 10

The EPA is authorized to regulate air pollution by the Clean Air Act of 1970 and its 1977 and 1990 amendments.

Accepted Answer

The Clean Air Act of 1970 and its amendments give the EPA the authority to regulate air pollution.

Question 11

In Boomer v. Atlantic Cement Co., homeowners sued a cement company that created a lot of air pollution, based on nuisance theory, and were successful in getting an injunction to stop the pollution.

Accepted Answer

In Boomer v. Atlantic Cement Co., while homeowners did sue the cement company over air pollution, the court ultimately did not grant an injunction to stop the pollution. Instead, it awarded permanent damages to the homeowners, allowing the company to continue its operations.

Question 12

Mercury is a major air pollutant regulated under the Clean Air Act's NAAQS.

Accepted Answer

Mercury is regulated under the Clean Air Act, but it is not one of the pollutants covered by the National Ambient Air Quality Standards (NAAQS). The NAAQS specifically regulate pollutants like ozone, particulate matter, carbon monoxide, nitrogen oxides, sulfur dioxide, and lead. Mercury is controlled through other provisions of the Clean Air Act, such as the Mercury and Air Toxics Standards (MATS).

Question 13

The National Ambient Air Quality Standards focus on nine major outdoor pollutants.

Accepted Answer

The National Ambient Air Quality Standards (NAAQS) focus on six major outdoor pollutants: particulate matter, ground-level ozone, carbon monoxide, sulfur oxides, nitrogen oxides, and lead.

Question 14

The National Ambient Air Quality Standards are based on plant locations, pollution control cost, reasonableness of pollution, and similar factors.

Accepted Answer

The National Ambient Air Quality Standards are actually based on public health and welfare, as mandated by the Clean Air Act. Plant locations, pollution control costs, and other factors are not considered in setting these standards.

Question 15

Dihydrogen oxide is a major air pollutant regulated under the Clean Air Act.

Accepted Answer

Dihydrogen oxide, also known as water, is not a major air pollutant regulated under the Clean Air Act. However, other substances such as carbon monoxide and sulfur dioxide are regulated under the Clean Air Act as air pollutants.

Question 16

Lead is a major air pollutant regulated under the Clean Air Act.

Accepted Answer

Lead is a major air pollutant that is regulated under the Clean Air Act. The act sets national standards for emissions of lead from various sources, including industrial processes, waste incinerators, and motor vehicles. Lead is harmful to human health, especially to children who may be exposed to it through contaminated air, soil, or water.

Question 17

In Whalen v. Union Bag & Paper Co., the New York Court of Appeals held that a paper pulp mill had to pay a farmer monetary damages for polluting a creek he used.

Accepted Answer

This is a correct statement of the holding in Whalen v. Union Bag & Paper Co.

Question 18

Ozone is a major air pollutant regulated under the Clean Air Act.

Accepted Answer

Ozone is one of the six criteria air pollutants regulated under the Clean Air Act. It can cause respiratory and other health problems, and contributes to the formation of smog.

Question 19

State Implementation Plans must provide funding for industry to meet compliance requirements.

Accepted Answer

State Implementation Plans (SIPs) outline how a state plans to meet national air quality standards, but they are not required to provide funding for industry to comply with these standards. Instead, the burden of compliance falls on the regulated industries themselves. However, some SIPs may include incentives or funding opportunities for companies to voluntarily adopt cleaner technologies or practices.

Question 20

The National Ambient Air Quality Standards have been developed for every air pollutant emitted by industry that contributes to air pollution and that may endanger public health and welfare.

Accepted Answer

The National Ambient Air Quality Standards (NAAQS) have been developed for a specific list of pollutants known as "criteria" pollutants, not for every air pollutant emitted by industry. These include pollutants like particulate matter, sulfur dioxide, carbon monoxide, nitrogen oxides, ozone, and lead.

Quiz 21: Environmental Law