Question 1

Under Superfund,if there is a hazardous waste site,liability for cleaning it up is apportioned among responsible parties according to:

Accepted Answer

A)  EPA's rule that bills each party according to estimated portion of volume contributed
B)  EPA's rule that bills each party according to estimated portion of toxic volume contributed
C)  joint and several liabilities,whereby any one party could pay the entire bill
D)  contribution rule,whereby each responsible party pays an equal portion of the entire bill
E)  none of the other choices

Question 2

The California auto emission standards,the toughest in the nation,are gradually becoming the national standard.

Accepted Answer

A) True 
 B)False

Question 3

Pollution from human waste (sewage)must be treated by best conventional technology.

Accepted Answer

A) True 
 B)False

Question 4

In Center for Biological Diversity v.Marina Point Development Assoc. ,involving a development on a lake that received needed permits to proceed,the court held that the opposition by the Center for Biological Diversity:

Accepted Answer

A)  no longer mattered,as it participated in the permit process,and that was ended
B)  was appropriate to continue monitoring performance,but since the developer was in compliance with the permits,it could not block progress
C)  meant the permits would be cancelled,as the Center was not allowed to participate in the permit consideration process
D)  was beyond what was allowed by law,which imposed needless costs on the developer,so it would pay the attorney fees the developer incurred
E)  none of the other choices

Question 5

Vehicles are generally recognized as a major source of ozone pollution.

Accepted Answer

A) True 
 B)False

Question 6

The fact that many old industrial areas have become abandoned and firms do not wish to buy the land for future use because of potential Superfund liability is called the problem of:

Accepted Answer

A)  urban blight
B)  urban Superfunds
C)  urban toxic abandonment
D)  brownfields
E)  none of the other choices

Question 7

The Clinton administration did not submit the Kyoto Treaty to Congress for ratification because:

Accepted Answer

A)  there was not time
B)  the Clinton administration did not want it to pass
C)  it would not have passed
D)  it would have caused dissent within the Senate
E)  it was not a legally binding treaty

Question 8

In American Trucking Assn.v EPA the appeals court held that the California air
regulations that applied to trucks operating in California could be stronger than the
EPA rules that applied to trucks operating elsewhere.

Accepted Answer

A) True 
 B)False

Question 9

Citizens suits under the Clean Water Act are uncommon because they are costly.

Accepted Answer

A) True 
 B)False

Question 10

Which of the following actions requires a permit under the Clean Water Act:

Accepted Answer

A)  dumping a pollutant in navigable waters
B)  moving water from one navigable water to another
C)  swimming in navigable water
D)  both a and b require permits
E)  none of the other choices require a permit

Question 11

Which of the following things could lead to a reduction in penalties imposed on a company for violation of environmental statutes:

Accepted Answer

A)  cooperation with the government in investigations
B)  voluntary reporting of illegal actions
C)  assistance to those who suffer from environmental wrongdoing
D)  all of the other specific choices could lead to a reduction in penalties
E)  none of the other specific choices could lead to a reduction in penalties

Question 12

Applied to pollution cases,private nuisance is:

Accepted Answer

A)  an unreasonable interference with the use and enjoyment of one's land
B)  a term applied to a polluter who causes damage to the air
C)  a concept no longer used because of the Clean Air Act
D)  an unreasonable interference with a right held by members of the public in common
E)  repealed by the Resource Conservation and Recovery Act

Question 13

In a pollution case,a(n) _________________ generally involves a polluter who is injuring one person or a small group of people.

Accepted Answer

A)  conversion
B)  private environmental trespass
C)  trespass
D)  negligence
E)  none of the other choices are correct

Question 14

The Clean Air Act requires the EPA to:

Accepted Answer

A)  set pollution standards
B)  enforce cooperation among the states on the issue of air pollution control
C)  control air quality in public buildings and workplaces
D)  set pollution standards and enforce cooperation among the states on the issue of air pollution control
E)  set pollution standards and enforce cooperation among the states on the issue of air pollution control and control air quality in public buildings and workplaces

Question 15

Citizens have the right,under the Clean Water Act,to sue polluters who have not been adequately controlled by the EPA.

Accepted Answer

A) True 
 B)False

Question 16

In Whalen v.Union Bag & Paper Co. ,where a paper mill polluted a farmer's creek so he sued to stop the pollution,the appeals court held that:

Accepted Answer

A)  the fact that the damage to the plaintiff was slight compared with the defendant's expense of abating the condition was not a good reason for refusing an injunction
B)  the fact that the damage to the plaintiff was slight compared with the defendant's expense of abating the condition was a good reason for refusing an injunction
C)  since the damage to the plaintiff was slight,there was no case
D)  since the damage to the plaintiff was slight,so the defendant should not have to pay damages
E)  the plaintiff did not have any rights with regard to the water flowing through his property

Question 17

The Clean Air Act establishes standards for the construction of new industrial plants depending on the local air quality.

Accepted Answer

A) True 
 B)False

Question 18

The Toxic Substances Control Act applied to about 3,000 substances.

Accepted Answer

A) True 
 B)False

Question 19

Ozone depletion at high levels in the atmosphere is caused by:

Accepted Answer

A)  greenhouse gases
B)  lightning
C)  burning coal
D)  vehicle exhaust
E)  none of the other choices are correct

Question 20

With regard to chemical restriction or banning under TSCA there is:

Accepted Answer

A)  no presumption of innocence,the EPA need not show a chemical poses a health hazard before restricting or banning it
B)  a presumption of innocence,the EPA must show a chemical poses a health hazard before restricting or banning it
C)  a presumption of innocence,but the firm producing the chemical must prove that there is no health hazard
D)  no presumption of innocence,the firm producing the chemical must show that it is no health hazard before it begins production
E)  none of the other choices are correct

Exam 18: Environmental Law

In American Trucking Assn.v EPA the appeals court held that the California air regulations that applied to trucks operating in California could be stronger than the EPA rules that applied to trucks operating elsewhere.

Correct AnswerverifiedShow Answer

In Whalen v.Union Bag & Paper Co. ,where a paper mill polluted a farmer's creek so he sued to stop the pollution,the appeals court held that:

Correct AnswerverifiedShow Answer

Pollution from human waste (sewage)must be treated by best conventional technology.

Correct AnswerverifiedShow Answer

Vehicles are generally recognized as a major source of ozone pollution.

Correct AnswerverifiedShow Answer

Under Superfund,if there is a hazardous waste site,liability for cleaning it up is apportioned among responsible parties according to:

Correct AnswerverifiedShow Answer

The fact that many old industrial areas have become abandoned and firms do not wish to buy the land for future use because of potential Superfund liability is called the problem of:

Correct AnswerverifiedShow Answer

The Clean Air Act requires the EPA to:

Correct AnswerverifiedShow Answer

In Center for Biological Diversity v.Marina Point Development Assoc. ,involving a development on a lake that received needed permits to proceed,the court held that the opposition by the Center for Biological Diversity:

Correct AnswerverifiedShow Answer

The Clinton administration did not submit the Kyoto Treaty to Congress for ratification because:

Correct AnswerverifiedShow Answer

Citizens suits under the Clean Water Act are uncommon because they are costly.

Correct AnswerverifiedShow Answer

The California auto emission standards,the toughest in the nation,are gradually becoming the national standard.

Correct AnswerverifiedShow Answer

In a pollution case,a(n) _________________ generally involves a polluter who is injuring one person or a small group of people.

Correct AnswerverifiedShow Answer

The Toxic Substances Control Act applied to about 3,000 substances.

Correct AnswerverifiedShow Answer

Which of the following actions requires a permit under the Clean Water Act:

Correct AnswerverifiedShow Answer

Applied to pollution cases,private nuisance is:

Correct AnswerverifiedShow Answer

Ozone depletion at high levels in the atmosphere is caused by:

Correct AnswerverifiedShow Answer

Which of the following things could lead to a reduction in penalties imposed on a company for violation of environmental statutes:

Correct AnswerverifiedShow Answer

With regard to chemical restriction or banning under TSCA there is:

Correct AnswerverifiedShow Answer

The Clean Air Act establishes standards for the construction of new industrial plants depending on the local air quality.

Correct AnswerverifiedShow Answer

Citizens have the right,under the Clean Water Act,to sue polluters who have not been adequately controlled by the EPA.

Correct AnswerverifiedShow Answer

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