Question 1

Damien operates a power plant that emits mercury. He has older pollution control equipment and constantly struggles with his discharges. Sylvia also operates a power plant. She tells Damien that she is investigating the purchase of modern pollution equipment that would result in the mercury discharge of her company being significantly under the amount of allowable mercury discharge. Sylvia tells Damien, however, that the equipment is very expensive. She proposes that she and Damien lobby legislators for marketable discharge permits in the mercury area. What is she referencing and how would it work? Do you think this is a good idea, and why or why not?

Accepted Answer

Under a marketable discharge permit syst...

Question 2

The government is not allowed to determine how much of a given pollutant should be emitted over the course of a year.

Accepted Answer

A) True 
 B)False

Question 3

Referencing the National Ambient Air Quality Standards, which of the following are standards that will protect the public welfare (crops, buildings, and animals)  from any known or anticipated adverse effect associated with a pollutant?

Accepted Answer

A)   Conservation
B)   Required
C)   Primary
D)   Secondary
E)   Suggested

Question 4

Does Malia have a recourse through any action under common law that would be likely to provide her some relief?

Accepted Answer

A)   Yes, an action for nuisance.
B)   Yes, an action for trespass.
C)   Yes, an action for annoyance.
D)   A common law action for environmental assault would be available but only if Malia could establish personal injury.
E)   A common law action for environmental assault would be available but only if Malia could establish personal injury and also reduced property value.

Question 5

The government gives power plants a $10,000 reduction on their annual taxes for each pollution control device installed. The tax reduction is referred to as:

Accepted Answer

A)   Marketable discharge permits.
B)   Government subsidies.
C)   Green taxes.
D)   Direct regulation.
E)   Tort law. B

Question 6

Which of the following was the result on appeal in Brodsky v. United States Nuclear Regulatory Commission, the case in the text in which the plaintiff claimed that the Nuclear Regulatory Commission erred in not producing an environmental impact statement?

Accepted Answer

A)   The court determined that the agency's production of an environmental assessment and its finding of no significant impact satisfied the agency's minimal burden to justify forgoing the environmental impact statement.
B)   The court determined that the agency's production of an environmental assessment and its finding of no significant impact satisfied the agency's minimal burden but that the agency was required to go beyond its minimal burden in order to meet environmental standards and that an environmental impact statement was required.
C)   The court determined that the agency's refusal to conduct an environmental impact statement resulted in its failure to meet even minimal standards, and that the agency was required to reconsider the matter and prepare an environmental impact statement.
D)   The court determined that while under certain circumstances the agency may forego an environmental impact statement, the plaintiff established that the agency in the present case failed to fully discuss why no adverse environmental effect was at issue which is necessary in order to forego a full environmental impact statement.
E)   The court refused to reach the issue of whether a full environmental impact statement was needed because the plaintiff lacked standing to sue.

Question 7

Which of the following was the result at the U.S. Supreme Court level in Massachusetts v. EPA, the case in the text in which Massachusetts led several states in a lawsuit asking that the EPA be ordered to establish vehicle emission standards for carbon dioxide and five other greenhouse gasses?

Accepted Answer

A)   The Court dismissed the lawsuit on the basis that the states had no standing to sue.
B)   The Court dismissed the issue as moot on the basis that the EPA already recognized the dangers of global warming and was taking appropriate steps.
C)   The Court ordered that standards on the pollutants be set if the EPA found that the emissions at issue contributed to climate change.
D)   The Court found that the emissions at issue contributed to climate change and ordered that the EPA set standards in regard to them.
E)   The Court refused to consider the matter based on its determination that the issue of whether the emissions affected climate change was within the discretion of the EPA.

Question 8

A .50 tax on each soda not sold in non-refillable container to discourage use of disposable containers is an example of:

Accepted Answer

A)   Marketable discharge permits.
B)   Government subsidies.
C)   Green taxes.
D)   Direct regulation.
E)   Tort law.

Question 9

Regarding federal regulation of toxic substances, which of the following statements is accurate?

Accepted Answer

A)   The Toxic Substances Control Act is the only federal act regulating toxic substances.
B)   The Federal Insecticide, Fungicide, and Rodenticide Act is the only federal act regulating toxic substances.
C)   Three federal acts regulate toxic substances: The Hazardous Chemical Act, the Toxic Substances Control Act, and The Pesticide Regulation Act.
D)   The primary federal acts for regulating toxic substances are The Hazardous Chemical Act and The Toxic Substances Control Act.
E)   The primary federal acts for regulating toxic substances are the Toxic Substances Control Act and the Federal Insecticide, Fungicide, and Rodenticide Act.

Question 10

Once the administrator of the EPA establishes National Ambient Air Quality Standards, who must draft an implementation plan?

Accepted Answer

A)   Congress
B)   A commission appointed by the EPA
C)   Each state
D)   The Senate
E)   A commission appointed by the president C

Question 11

A pesticide that fails the third criteria may be given restricted-use registration, meaning.

Accepted Answer

A)   that it can be applied by only a certified applicator with specialized knowledge or can be sold for use only during certain seasons or in certain quantities.
B)   that the pesticide can never be used except for in test situations.
C)   the federal government will control release of the pesticide.
D)   the manufacturer must test soils every 2 months to see if there are any adverse impacts.
E)   the pesticide cannot be used until it is reformulated until it meets all the criteria.

Question 12

The city of Normandy is looking to see what the standards for drinking water are before they implement a new water treatment plan. Which of the following would the city planners consult?

Accepted Answer

A)   Clean Water Act
B)   The Safe Drinking Water Act
C)   The Water Drinking Act
D)   The Water Use Act
E)   The Water Safety Act B

Question 13

Under TSCA, every manufacturer of a new chemical must submit a premanufacturing notice (PMN)  or Section Five Notice to the EPA ________ before the first use of the substance in commerce.

Accepted Answer

A)   at least 1 week
B)   at least 21 days
C)   at least 30 days
D)   at least 60 days
E)   at least 90 days

Question 14

How is the appropriate remedy in a nuisance claim determined?

Accepted Answer

A)   By balancing damages and the cost of nuisance prevention
B)   By assessing the actual dollar amount of lost property value
C)   By the EPA's published guidelines
D)   By calculating the value of misused government subsidies
E)   By assessing an ideal amount of green tax

Question 15

Blackstone Chemical spills polluted water into a local river and is ordered to clean up the pollution. Under what law or regulation does the cleanup order originate from?

Accepted Answer

A)   The Resource Conservation and Recovery Act
B)   The Comprehensive Environmental Response, Compensation and Liability Act
C)   The Federal Hazardous Waste Act
D)   The Hazardous Waste Disposal Act
E)   The Authorized Disposal Waste Act

Question 16

[Air Improvement] Malia is very annoyed because a business near her neighborhood has an incinerator that regularly releases pollutants. She discussed the matter with her local city council representative, Leo, who told her that only the federal government can enforce laws involving pollutants; that the government has done so through the establishment of National Ambient Air Quality Standards; and that there is nothing she as an individual can do. Malia tells the council representative that she considers the emissions criminal. Leo just shrugs and replies that industry is never subject to criminal penalties under the Clean Air Act and that only the government can enforce the Clean Air Act anyway.
-Is Leo correct that there are no criminal penalties under the Clean Air Act?

Accepted Answer

A)   Yes, he is correct.
B)   No, he is incorrect; and criminal penalties include the provision that parties who knowingly violate the act can be subject to criminal fines of up to $1 million per day, and corporate officers are also potentially subject to imprisonment for up to two years for violating certain provisions of the act.
C)   No, he is incorrect; and criminal penalties include the provision that parties who knowingly violate the act can be subject to criminal fines of up to $1 million per day, and corporate officers are also potentially subject to imprisonment for up to five years for violating certain provisions of the act.
D)   No, he is incorrect; and criminal penalties include the provision that parties who knowingly violate the act can be subject to criminal fines of up to $1 million per month, and corporate officers are also potentially subject to imprisonment for up to two years for violating certain provisions of the act.
E)   No, he is incorrect; and although violators are not subject to imprisonment under the act, parties that knowingly violate the act can be subject to criminal fines of up to $1 million per day.

Question 17

What does the Federal Insecticide, Fungicide, and Rodenticide Act regulate?

Accepted Answer

A)   ground water run-off
B)   pesticides
C)   traps for rodents
D)   proper ventilation for farm animals
E)   water treatment plants

Question 18

What is the purpose of the Comprehensive Environmental Response, Compensation and Liability Act?

Accepted Answer

A)   To deal with hazardous waste from nuclear power plants.
B)   To clean up existing hazardous sites and respond to hazardous material spills.
C)   To work with the oil and gas industry to keep well-sights safe.
D)   To set standards for the disposal of batteries in landfills.
E)   To help states set standards for waste disposal

Question 19

________ enforces the Resource Conservation and Recovery Act?

Accepted Answer

A)   Congress
B)   The National Environmental Agency
C)   The Environmental Protection Agency
D)   The Commission on Resource Conservation
E)   The Earth Recovery Agency

Question 20

Gillian is looking to consult the rules and regulations regarding wetlands. Where should she look?

Accepted Answer

A)   The Safe Water Act
B)   The Wetlands Protection Act
C)   The Clean Water Act
D)   The Water Standards Act
E)   Gillian should consult her state's water act

Exam 46: Environmental Law

Correct Answer
verified
Under a marketable discharge permit syst...
View Answer

The government is not allowed to determine how much of a given pollutant should be emitted over the course of a year.

Correct Answer
verified

Referencing the National Ambient Air Quality Standards, which of the following are standards that will protect the public welfare (crops, buildings, and animals) from any known or anticipated adverse effect associated with a pollutant?

Correct Answer
verified

Does Malia have a recourse through any action under common law that would be likely to provide her some relief?

Correct Answer
verified

The government gives power plants a $10,000 reduction on their annual taxes for each pollution control device installed. The tax reduction is referred to as:

Correct Answer
verified
B

Which of the following was the result on appeal in Brodsky v. United States Nuclear Regulatory Commission, the case in the text in which the plaintiff claimed that the Nuclear Regulatory Commission erred in not producing an environmental impact statement?

Correct Answer
verified

Which of the following was the result at the U.S. Supreme Court level in Massachusetts v. EPA, the case in the text in which Massachusetts led several states in a lawsuit asking that the EPA be ordered to establish vehicle emission standards for carbon dioxide and five other greenhouse gasses?

Correct Answer
verified

A .50 tax on each soda not sold in non-refillable container to discourage use of disposable containers is an example of:

Correct Answer
verified

Regarding federal regulation of toxic substances, which of the following statements is accurate?

Correct Answer
verified

Once the administrator of the EPA establishes National Ambient Air Quality Standards, who must draft an implementation plan?

Correct Answer
verified
C

A pesticide that fails the third criteria may be given restricted-use registration, meaning.

Correct Answer
verified

The city of Normandy is looking to see what the standards for drinking water are before they implement a new water treatment plan. Which of the following would the city planners consult?

Correct Answer
verified
B

Under TSCA, every manufacturer of a new chemical must submit a premanufacturing notice (PMN) or Section Five Notice to the EPA ________ before the first use of the substance in commerce.

Correct Answer
verified

How is the appropriate remedy in a nuisance claim determined?

Correct Answer
verified

Blackstone Chemical spills polluted water into a local river and is ordered to clean up the pollution. Under what law or regulation does the cleanup order originate from?

Correct Answer
verified

Correct Answer
verified

What does the Federal Insecticide, Fungicide, and Rodenticide Act regulate?

Correct Answer
verified

What is the purpose of the Comprehensive Environmental Response, Compensation and Liability Act?

Correct Answer
verified

________ enforces the Resource Conservation and Recovery Act?

Correct Answer
verified

Gillian is looking to consult the rules and regulations regarding wetlands. Where should she look?

Correct Answer
verified

Exam 46: Environmental Law

Correct AnswerverifiedUnder a marketable discharge permit syst...View AnswerShow Answer

The government is not allowed to determine how much of a given pollutant should be emitted over the course of a year.

Correct AnswerverifiedShow Answer

Referencing the National Ambient Air Quality Standards, which of the following are standards that will protect the public welfare (crops, buildings, and animals) from any known or anticipated adverse effect associated with a pollutant?

Correct AnswerverifiedShow Answer

Does Malia have a recourse through any action under common law that would be likely to provide her some relief?

Correct AnswerverifiedShow Answer

The government gives power plants a $10,000 reduction on their annual taxes for each pollution control device installed. The tax reduction is referred to as:

Correct AnswerverifiedB

Which of the following was the result on appeal in Brodsky v. United States Nuclear Regulatory Commission, the case in the text in which the plaintiff claimed that the Nuclear Regulatory Commission erred in not producing an environmental impact statement?

Correct AnswerverifiedShow Answer

Which of the following was the result at the U.S. Supreme Court level in Massachusetts v. EPA, the case in the text in which Massachusetts led several states in a lawsuit asking that the EPA be ordered to establish vehicle emission standards for carbon dioxide and five other greenhouse gasses?

Correct AnswerverifiedShow Answer

A .50 tax on each soda not sold in non-refillable container to discourage use of disposable containers is an example of:

Correct AnswerverifiedShow Answer

Regarding federal regulation of toxic substances, which of the following statements is accurate?

Correct AnswerverifiedShow Answer

Once the administrator of the EPA establishes National Ambient Air Quality Standards, who must draft an implementation plan?

Correct AnswerverifiedC

A pesticide that fails the third criteria may be given restricted-use registration, meaning.

Correct AnswerverifiedShow Answer

The city of Normandy is looking to see what the standards for drinking water are before they implement a new water treatment plan. Which of the following would the city planners consult?

Correct AnswerverifiedB

Under TSCA, every manufacturer of a new chemical must submit a premanufacturing notice (PMN) or Section Five Notice to the EPA ________ before the first use of the substance in commerce.

Correct AnswerverifiedShow Answer

How is the appropriate remedy in a nuisance claim determined?

Correct AnswerverifiedShow Answer

Blackstone Chemical spills polluted water into a local river and is ordered to clean up the pollution. Under what law or regulation does the cleanup order originate from?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

What does the Federal Insecticide, Fungicide, and Rodenticide Act regulate?

Correct AnswerverifiedShow Answer

What is the purpose of the Comprehensive Environmental Response, Compensation and Liability Act?

Correct AnswerverifiedShow Answer

________ enforces the Resource Conservation and Recovery Act?

Correct AnswerverifiedShow Answer

Gillian is looking to consult the rules and regulations regarding wetlands. Where should she look?

Correct AnswerverifiedShow Answer

Correct Answer
verified
Under a marketable discharge permit syst...
View Answer

Correct Answer
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B

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C

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B

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