FiltersDone

Question type

Essay

Multiple Choice

Short Answer

True False

Matching

Exam 46: Environmental Law

Show Answer

Share

---

All types

Filters

Study FlashcardsPractice ExamLearn

Question 31

Multiple Choice

Review LaterAdd Note

Review Later

To establish an environmental strict liability suit at common law, the plaintiff must show that the:

A) defendant was negligent in her operations.
B) plaintiff was not negligent.
C) defendant is engaged in an abnormally dangerous activity.
D) location for such activity is indeed appropriate.

Correct Answer

verified

Show Answer

Question 32

True/False

Review LaterAdd Note

Review Later

An environmental impact statement is required by NEPA if federal legislation or action will have a significant environmental effect.

Correct Answer

verified

Show Answer

Question 33

True/False

Review LaterAdd Note

The "bubble concept" is used by the EPA to view an entire plant as one source to evaluate emissions.

CFCs was economically depressed until Sally's Firecracker Corp.moved its factory there.Test explosions and the acrid smell of sulfur then interfered with Bob's enjoyment of the old family home.Bob sues Sally's for nuisance and seeks a court-ordered injunction to close down the factory.In determining whether the injunction is appropriate, the court will:

In 1976, RCRA was enacted by Congress to:

To establish trespass to land, a plaintiff must show interference with the right of exclusive possession of the property.

For an activity to be treated as a public nuisance there must be some interference with the health, safety, or comfort of the public.

A federal agency is required to consider only all reasonable alternatives in an EIS.

A detailed statement concerning the environmental impact of a proposed federal action is:

Agricultural and urban runoff are examples of point source pollution, which is inherently more difficult to control than nonpoint source pollution.

Generally, only a public representative, such as the attorney general, may sue to stop a public nuisance.

If, after performing an environmental assessment, a federal agency concludes that an EIS is not required, the agency must engage in "scoping."

The scope of an EIS:

All present and former owners of contaminated property have liability for its Superfund clean-up costs if they caused the contamination or if they owned the property while it was contaminated, whether or not they knew of the contamination.

The United States Congress overwhelmingly ratified the Kyoto Protocol relating to multi-national reduction of greenhouse gases.

The CERCLA trust fund is financed by a:

NEPA imposes the responsibility for maintaining the environment on all federal agencies.

In May of 1998, Jones went to C & C Bank to apply for a loan on a home he wanted to purchase.C & C Bank loaned the money to Jones because he had excellent credit.C & C never inspected the property Jones was purchasing.Two weeks later, five rusty and leaking 55-gallon drums of a toxic substance were found buried in a creekbed in Jones' backyard.Jones and the Bank's position with regard to liability for cleanup on the property would be:

If, after making an environmental assessment, a federal agency decides no EIS is required, it must make this decision available to the public.

Legislation to protect the environment from precipitation containing high levels of sulfuric or nitric acid, or acid rain, is aimed primarily at electric utility companies.