Question 1

Ski Resorts, Inc., wants to add a new run to its facility in a national park on federal land. For this action, an environmental impact statement is

Accepted Answer

Ski Resorts, Inc., is operating on federal land, which means that any action taken on that land requires an environmental impact statement as mandated by the National Environmental Policy Act (NEPA). It is required by law to assess any potentially significant impacts on the environment before taking any action on federal land.

Question 2

Industrial Solvents, Inc., averages $15,000 profit per day before deciding to ignore air pollution standards, after which the average is $30,000. Industrial Solvents is subject to a fine of

Accepted Answer

The fine of $30,000 per day matches the increased profit due to ignoring air pollution standards, effectively negating the financial benefit gained from such actions.

Question 3

Fabio makes a living by farming near Gastric Combustibles, Inc., which has discharged pollutants into the area's air and water. In a suit by Fabio for an injunction against Gastric on the ground of nuisance, the court is most likely to rule in Gastric's favor if

Accepted Answer

The answer of Fabio makes a living by farming near...

Question 4

Congress enacts air quality legislation. To implement and enforce this law, as is typical of other environmental statutes and regulations, the federal government will most likely rely on

Accepted Answer

Implementation and enforcement of federal air quality legislation typically involve all levels of government, including federal, state, and local agencies. This is because the responsibility for monitoring, regulating, and enforcing air quality standards falls on a range of agencies at different levels. For example, the EPA sets national air quality standards and develops regulations, while state and local agencies are responsible for implementing these standards and enforcing rules within their jurisdictions. Additionally, some regulations may require cooperation between multiple levels of government, as well as with non-governmental organizations and industry groups.

Question 5

Before being transported, hazardous waste generated by Xtreme Industries, Inc., must be properly labeled and packaged under the Resource Conservation and Recovery Act by

Accepted Answer

The answer of Before being transported, hazardous waste generated by...

Question 6

The Environmental Protection Agency (EPA) has the authority to regulate "any air pollutant." Fresher Air Group, a private organization, supports cleaner air. Fresher Air can file a suit against the EPA to

Accepted Answer

Fresher Air Group can file a suit against the EPA to compel it to act or prevent it from acting, as the EPA has the authority to regulate any air pollutant and Fresher Air is a private organization that supports cleaner air. Therefore, it can take legal action against the EPA to ensure that it is taking the necessary steps to reduce air pollution.

Question 7

Under the Marine Protection, Research, and Sanctuaries Act (the Ocean Dumping Act), Bayside Chemical Company may dump its chemical waste into the ocean

Accepted Answer

The answer of Under the Marine Protection, Research, and Sanctuaries...

Question 8

Fried Food, Inc., operates a commercial frying plant, discharging pollutants into the air. Greg reports the violations to the Environmental Protection Agency. Greg

Accepted Answer

The Clean Air Act allows citizens to report violations of air pollution regulations and receive a reward of up to $10,000 if the report leads to a successful enforcement action by the EPA. Therefore, Greg may be paid up to $10,000 for reporting the violations committed by Fried Food, Inc.

Question 9

A barge owned by Oceanic Shipping Company accidentally runs aground, spilling the oil contained in its hold into the sea and onto the shore. Under the Clean Water Act, this is most likely

Accepted Answer

The Clean Water Act prohibits the discharge of any pollutant into navigable waters from any point source without a permit. An accidental spill from a barge owned by a shipping company would be considered a violation of the Clean Water Act, regardless of whether it was intentional or accidental.

Question 10

ChemoCorp, Inc., makes and sells pesticides. If a substance is identified as harmful and the harm is imminent, the Environmental Protection Agency can

Accepted Answer

If a substance is identified as harmful and the harm is imminent, the EPA can conduct an inspection of ChemoCorp's plant to ensure compliance with safety regulations and take necessary enforcement actions to protect the environment and human health. The other options do not reflect responsible and proactive regulation.

Question 11

Consolidated Trucking Company transports radioactive materials. Darla suffers from cancer. To succeed in a suit against Consolidated on the ground of strict liability, Darla must show that her injury was caused by

Accepted Answer

To succeed in a suit against Consolidated on the ground of strict liability, Darla must prove that the injury she suffered was caused by Consolidated's operation. This means that she only needs to prove that the material being transported was radioactive and that Consolidated was responsible for transporting it. The fact that Darla suffers from cancer is enough to establish that she was injured, but she doesn't need to prove that Consolidated failed to use reasonable care or that they had intentionally disregarded the safety of the public. Additionally, it doesn't matter if the radiation came from another source. The focus is on the material that Consolidated was transporting.

Question 12

Valley Disposal Center operates a recycling plant. Wendy and other Valley neighbors file a suit, alleging injuries from the plant. To succeed, they must show that Valley failed to use reasonable care if the suit is based on

Accepted Answer

In a negligence theory, the plaintiff must prove that the defendant did not exercise reasonable care, which caused the plaintiff's injuries. So to succeed in a suit alleging injuries from the recycling plant, Wendy and other neighbors must prove that Valley failed to use reasonable care in its operation. This is the standard for negligence claims. Nuisance and strict liability claims have different requirements that do not necessarily hinge on proving negligence. While any legal theory could potentially be used in a suit, the best choice for this specific scenario is negligence.

Question 13

Quickly Motor Company makes the Rock, a new model of sport utility vehicle, and sells it at the market's lowest price. The Rock does not, however, satisfy federal emission standards and Quickly fails to maintain relevant, required records. The Environmental Protection Agency may assess

Accepted Answer

The company has failed to comply with federal emission standards and maintain required records, which can result in civil penalties and additional fines. However, not complying with federal emission standards is also a criminal offense, which can result in criminal penalties including fines and imprisonment.

Question 14

Metro City operates its own municipal public drinking water system for which the Environmental Protection Agency has set maximum levels of pollutants. Metro does not use any equipment to meet these standards. With regard to any contamination of the water, under the Safe Drinking Water Act, this is most likely

Accepted Answer

The Safe Drinking Water Act requires municipalities to comply with the maximum levels of pollutants set by the EPA, regardless of whether they use equipment to meet the standards or not. Therefore, any contamination of the water would be a violation.

Question 15

Truckers Storage Depot, a private company, wants to build a warehouse on private land. For this action, an environmental impact statement is

Accepted Answer

The answer of Truckers Storage Depot, a private company, wants...

Question 16

Metal Smelting, Inc., operates a plant-a "major source"-that emits hazardous air pollutants for which the Environmental Protection Agency has set maximum levels of emission. The plant does not use any equipment to reduce its emissions. Under the Clean Air Act, this is most likely

Accepted Answer

The fact that Metal Smelting, Inc. operates a plant emitting hazardous air pollutants without using any equipment to reduce its emissions is a violation of the Clean Air Act. The plant being a "major source" does not exempt it from complying with the maximum levels of emissions set by the EPA.

Question 17

Video Products Company operates a DVD manufacturing plant on Wandering River. Discharging pollutants from the plant into the river can result in

Accepted Answer

Discharging pollutants from the plant into the river can result in both civil penalties (fines or other penalties imposed by the government) and criminal penalties (prosecution and potential imprisonment). The discharge of pollutants can also harm the environment and adversely impact public health, making it a serious offense. Therefore, both civil and criminal penalties may apply.

Question 18

United Disposal, Inc., operates a hazardous waste disposal site that accepts waste transported by Ace Trucking Company from General Manufacturing Corporation. United sells the site to Investment Properties, Inc. A release of the waste is discovered at the site, and the Environmental Protection Agency (EPA) cleans it up. The EPA can recover the cost of the cleanup from

Accepted Answer

United, as the former owner and operator of the site, may be held liable under CERCLA for the release of hazardous waste, regardless of whether they were in direct control of the transportation of the waste. General, as the generator of the waste, may also be held liable under CERCLA as the "originator" of the waste. Ace and Investment Properties may also be held liable if they are found to have contributed to the release of the waste. Therefore, the EPA can recover the cost of cleanup from all four parties.

Question 19

Industry Processes Corporation generates solid waste considered hazardous. Industry labels and packages properly all waste to be transported to a disposal site. Under the Resource Conservation and Recovery Act, this is most likely

Accepted Answer

The answer of Industry Processes Corporation generates solid waste considered...

Question 20

Fruitful Garden Company makes and sells pesticides. For the pesticides to remain on the market, the acceptable level of risk to people of developing cancer from exposure to the products is

Accepted Answer

The acceptable level of risk for developing cancer from exposure to pesticides is one-in-a-million as set by the Environmental Protection Agency (EPA) in the United States. This means that for every one million people exposed to the pesticide, no more than one person would develop cancer. This level of risk is considered to be relatively low and acceptable for the continued sale and use of pesticides.

Quiz 46: Environmental Law