Question 1

Common problems with private causes of action to control environmental damage include all but which one of the following?

Accepted Answer

A)  Costs associated with private litigation are high. 
B)  Even if a private plaintiff is successful,recovery may be limited to monetary damages,leaving the defendant free to continue to pollute. 
C)  Statutes typically require that only a public representative,such as the attorney general,may bring suits to protect the environment from private and public nuisance and strict liability for abnormally dangerous activities. 
D)  Tort actions typically do not provide relief for aesthetic,as opposed to physical,injury. 
A)  Costs associated with private litigation are high. 
B)  Even if a private plaintiff is successful,recovery may be limited to monetary damages,leaving the defendant free to continue to pollute. 
C)  Statutes typically require that only a public representative,such as the attorney general,may bring suits to protect the environment from private and public nuisance and strict liability for abnormally dangerous activities. 
D)  Tort actions typically do not provide relief for aesthetic,as opposed to physical,injury.

Question 2

Private tort actions may be used to recover for environmental damage.

Accepted Answer

A) True 
 B)False

Question 3

Because private causes of action have proved to be adequate to recompense and prevent environmental damage,the federal,state,and local governments have chosen to create few statutes designed to protect the environment.

Accepted Answer

A) True 
 B)False

Question 4

Is strict liability a legal concept available for environmental lawsuits? If so,what are the elements that the plaintiff must prove?

Accepted Answer

Strict liability is a type of tort liabi

Question 5

A new NAAQS requires each state to submit an SIP.

Accepted Answer

A) True 
 B)False

Question 6

Federal legislation exists to provide a comprehensive scheme for regulating toxic substances.

Accepted Answer

A) True 
 B)False

Question 7

What is the purpose of the Montreal Protocol?

Accepted Answer

The purpose of the Montreal Protocol is

Question 8

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

Accepted Answer

A) True 
 B)False

Question 9

The Clean Air Act's 1990 Amendments sought to hasten attainment of certain air quality standards,but failed to address specifically the subject of ozone pollution.

Accepted Answer

A) True 
 B)False

Question 10

There has been an explosion at Johnson's Oil refinery because of a lightning strike.Fumes from the resulting fires at the plant have sent the nearby townspeople to the hospital for severe respiratory distress.Johnson's Oil will be liable for the townspeople's injuries directly resulting from the fumes.

Accepted Answer

A) True 
 B)False

Question 11

The most important federal statutes governing hazardous substances include:

Accepted Answer

A)  SARA and FIFRA. 
B)  CEQ and FIFRA. 
C)  SARA and CERCLA. 
D)  CERCLA and CEQ. 
A)  SARA and FIFRA. 
B)  CEQ and FIFRA. 
C)  SARA and CERCLA. 
D)  CERCLA and CEQ.

Question 12

List and define the common law causes of action for environmental damage.

Accepted Answer

Private Nuisance-Substantial and unreaso

Question 13

Discuss common problems related to private causes of action with reference to the environment.

Accepted Answer

These problems are the high costs of pri

Question 14

A defined area such as a large city,may be classified as a PSD area with respect to some pollutants,but not with respect to others.

Accepted Answer

A) True 
 B)False

Question 15

The EPA,to view an entire plant as one source to evaluate emissions,uses the "bubble concept."

Accepted Answer

A) True 
 B)False

Question 16

The 1990 Clean Air Act Amendments provide that EPA must establish new NAAQS for major pollutants every three years.

Accepted Answer

A) True 
 B)False

Question 17

In an action for damages in a private nuisance suit,the plaintiff is required to prove that the defendant's conduct is unreasonable.

Accepted Answer

A) True 
 B)False

Question 18

Which of the following is true about the regulation of pesticide use by EPA?

Accepted Answer

A)  A pesticide may be legally registered if it will perform its intended function without posing unreasonable risk to humans or the environment. 
B)  The EPA may balance the economic and social costs and benefits of use of a pesticide in deciding whether to register it. 
C)  Both of these. 
D)  Neither of these. 
A)  A pesticide may be legally registered if it will perform its intended function without posing unreasonable risk to humans or the environment. 
B)  The EPA may balance the economic and social costs and benefits of use of a pesticide in deciding whether to register it. 
C)  Both of these. 
D)  Neither of these.

Question 19

From the industry's perspective,under the Clean Air Act it is better to be considered a new source than an existing one since the standard governing existing stationary sources is more stringent than the standard governing new sources.

Accepted Answer

A) True 
 B)False

Question 20

The CERCLA or Superfund was enacted to provide authority for cleanup of abandoned or inactive hazardous waste sites.

Accepted Answer

A) True 
 B)False

Exam 45: Environmental Law

Common problems with private causes of action to control environmental damage include all but which one of the following?

Private tort actions may be used to recover for environmental damage.

Because private causes of action have proved to be adequate to recompense and prevent environmental damage,the federal,state,and local governments have chosen to create few statutes designed to protect the environment.

Is strict liability a legal concept available for environmental lawsuits? If so,what are the elements that the plaintiff must prove?

A new NAAQS requires each state to submit an SIP.

Federal legislation exists to provide a comprehensive scheme for regulating toxic substances.

What is the purpose of the Montreal Protocol?

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

The Clean Air Act's 1990 Amendments sought to hasten attainment of certain air quality standards,but failed to address specifically the subject of ozone pollution.

The most important federal statutes governing hazardous substances include:

List and define the common law causes of action for environmental damage.

Discuss common problems related to private causes of action with reference to the environment.

A defined area such as a large city,may be classified as a PSD area with respect to some pollutants,but not with respect to others.

The EPA,to view an entire plant as one source to evaluate emissions,uses the "bubble concept."

The 1990 Clean Air Act Amendments provide that EPA must establish new NAAQS for major pollutants every three years.

In an action for damages in a private nuisance suit,the plaintiff is required to prove that the defendant's conduct is unreasonable.

Which of the following is true about the regulation of pesticide use by EPA?

From the industry's perspective,under the Clean Air Act it is better to be considered a new source than an existing one since the standard governing existing stationary sources is more stringent than the standard governing new sources.

The CERCLA or Superfund was enacted to provide authority for cleanup of abandoned or inactive hazardous waste sites.

Introduction to Law

Business Ethics and the Social Responsibility of Business

Civil Dispute Resolution

Constitutional Law

Administrative Law

A: Administrative Law

Criminal Law

Intentional Torts

Negligence and Strict Liability

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

Consideration

Illegal Bargains

Contractual Capacity

Contracts in Writing

Third Parties to Contracts

Performance,breach,and Discharge

Contract Remedies

Relationship of Principal and Agent

Relationship With Third Parties

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Products Liability: Warranties and Strict Liability in Tort

Sales Remedies

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits,collections,and Funds Transfers

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature,formation,and Powers

Financial Structure

Management Structure

Fundamental Changes

Secured Transactions and Suretyship

Bankruptcy

Protection of Intellectual Property

Antitrust

Consumer Protection Double

Employment Law

Securities Regulation

Accountants Legal Liability

International Business Law

Introduction to Property,property Insurance,bailments,and Documents of Title

Interests in Real Property

Transfer and Control of Real Property

Trusts and Decedents Estates

Legal Terminology: Understanding Criminal and Civil Law Systems

Contract Law Terminology

Exploring the Legal Concepts of Agency and Fiduciary Duty

Understanding Key Legal Concepts in Sales and Contracts

Understanding the Terminology of Banking and Finance: Key Concepts and Definitions

Exploring Legal Concepts and Processes in Business Partnerships

Understanding Corporate Law: A Guide to Ultra Vires Acts, Subscribers, Debt Securities, and More

Understanding Key Terms in Secured Transactions and Bankruptcy Law

Legal Topics and Terms

Legal Topics in Property Ownership and Management