Question 1

Which of the following statements does not describe the relationship between the EPA and an EPA approved State environmental program?

Accepted Answer

A) The EPA does not delegate its federal authority to the state involved. 
B) The EPA provides oversight and retains its enforcement authority. 
C) The EPA does not implement the federal program in that state. 
D) The EPA may not revoke its authorization. 
A) The EPA does not delegate its federal authority to the state involved. 
B) The EPA provides oversight and retains its enforcement authority. 
C) The EPA does not implement the federal program in that state. 
D) The EPA may not revoke its authorization.

Question 2

Environmental ________ is a systematic and ongoing process for determining whether property contains or emits hazardous substances and whether a company is in compliance with environmental laws

Accepted Answer

A) awareness 
B) justice 
C) due diligence 
D) risk management 
A) awareness 
B) justice 
C) due diligence 
D) risk management

Question 3

The Clean Air Act does not require which of the following?

Accepted Answer

A) That the EPA must establish national ambient air quality standards. 
B) That every state must meet their individual air quality standards. 
C) That air quality in areas that already meet national standards cannot deteriorate. 
D) That the EPA must preserve natural visibility in the wilderness areas. 
A) That the EPA must establish national ambient air quality standards. 
B) That every state must meet their individual air quality standards. 
C) That air quality in areas that already meet national standards cannot deteriorate. 
D) That the EPA must preserve natural visibility in the wilderness areas.

Question 4

Who are potentially responsible parties under CERCLA?

Accepted Answer

Potentially responsible parties include

Question 5

Which of the following are pollutants for which the EPA has set standards?

Accepted Answer

A) Sulfur dioxide 
B) Ozone 
C) Nitrogen dioxide 
D) All the responses are correct 
A) Sulfur dioxide 
B) Ozone 
C) Nitrogen dioxide 
D) All the responses are correct

Question 6

Policy statements issued by the EPA have the force of law.

Accepted Answer

A) True 
 B)False

Question 7

Tina is the president of Bank X which holds a mortgage on a company found liable illegal disposal of hazardous waste.The company has stopped paying on its loan to Bank X.Tina would like to foreclose,but she does not want the bank to become liable under CERCLA as an owner.What should she do?

Accepted Answer

A) Tina should do nothing because foreclosure would automatically result in the bank becoming liable under CERCLA for clean-up costs. 
B) Tina should go ahead and foreclose because so long as the bank did not participate in the management of the facility prior to foreclosure,the bank will not be considered liable under CERCLA for clean-up costs. 
C) Tina should immediately arrange for the bank to become involved in managing the facility because so long as the bank participated in the management of the facility prior to foreclosure,the bank will not be considered liable under CERCLA for clean-up costs. 
D) Tina might as well go ahead and foreclose because as a mortgage holder,the bank is already automatically liable under CERCLA for clean-up costs. 
A) Tina should do nothing because foreclosure would automatically result in the bank becoming liable under CERCLA for clean-up costs. 
B) Tina should go ahead and foreclose because so long as the bank did not participate in the management of the facility prior to foreclosure,the bank will not be considered liable under CERCLA for clean-up costs. 
C) Tina should immediately arrange for the bank to become involved in managing the facility because so long as the bank participated in the management of the facility prior to foreclosure,the bank will not be considered liable under CERCLA for clean-up costs. 
D) Tina might as well go ahead and foreclose because as a mortgage holder,the bank is already automatically liable under CERCLA for clean-up costs.

Question 8

The EPA is a cabinet-level department

Accepted Answer

A) True 
 B)False

Question 9

Under the Clean Air Act,if a nonattainment area fails to develop an adequate plan to attain the national standard,what penalties may be imposed?

Accepted Answer

A) No penalties may be imposed by the federal government because only individual states may impose penalties. 
B) Limits on the use of federal highway funds. 
C) Limits on drinking-water hookups. 
D) Both limits on the use of federal highway funds and limits on drinking-water hookups. 
A) No penalties may be imposed by the federal government because only individual states may impose penalties. 
B) Limits on the use of federal highway funds. 
C) Limits on drinking-water hookups. 
D) Both limits on the use of federal highway funds and limits on drinking-water hookups.

Question 10

Which of the following laws governs the quality of drinking water served by public drinking-water systems?

Accepted Answer

A) Clean Sip Act 
B) Chemical Control Act 
C) Safe Drinking Water Act 
D) None of the responses are correct 
A) Clean Sip Act 
B) Chemical Control Act 
C) Safe Drinking Water Act 
D) None of the responses are correct

Question 11

Under CERCLA potentially responsible parties include

Accepted Answer

A) the owner or operator at the time of disposal of the hazardous substance. 
B) any person who arranged for treatment or disposal of hazardous substances at the facility. 
C) the present owner or operator of the facility. 
D) all of the responses are correct. 
A) the owner or operator at the time of disposal of the hazardous substance. 
B) any person who arranged for treatment or disposal of hazardous substances at the facility. 
C) the present owner or operator of the facility. 
D) all of the responses are correct.

Question 12

Which of the following laws applies to pesticide products?

Accepted Answer

A) Toxic Substances Control Act 
B) Federal Insecticide,Fungicide and Rodenticide Act 
C) Federal Rat Act 
D) Uniform Pesticide Act 
A) Toxic Substances Control Act 
B) Federal Insecticide,Fungicide and Rodenticide Act 
C) Federal Rat Act 
D) Uniform Pesticide Act

Question 13

The Toxic Substances and Control Act applies only to chemical substances manufactured in the U.S.,not to imported chemicals.

Accepted Answer

A) True 
 B)False

Question 14

William is the CEO of ABC Company.William is concerned about hazardous waste that ABC generates.He decides to set up a subsidiary called Sub It Out and send all of the hazardous waste there.He plans,however,to have officials of ABC supervise and direct disposal operations at Sub It Out because he believes that some money can be made off of the waste product.William tells the board of directors that if things go bad with the subsidiary,then ABC Company can disavow any interest and stay out of trouble.Is William correct?

Accepted Answer

A) William is correct so long as no director of ABC Company sits on the board of Sub It Out. 
B) William is correct so long as the subsidiary is correctly set up under applicable tax laws. 
C) William is correct so long as no director of ABC Company sits on the board of Sub It Out and so long as the subsidiary is correctly set up under applicable tax laws. 
D) William is incorrect,and ABC is likely to have direct liability for any violations of Sub It Out based on ABC's direction of the subsidiary. 
A) William is correct so long as no director of ABC Company sits on the board of Sub It Out. 
B) William is correct so long as the subsidiary is correctly set up under applicable tax laws. 
C) William is correct so long as no director of ABC Company sits on the board of Sub It Out and so long as the subsidiary is correctly set up under applicable tax laws. 
D) William is incorrect,and ABC is likely to have direct liability for any violations of Sub It Out based on ABC's direction of the subsidiary.

Question 15

Fact pattern 16-1
Gretta is the CEO of a paper company built near a river used in interstate commerce although the state in which the company is located is land locked and not near the coast.Gretta determines that a significant amount of money needs to be spent to comply with the federal Clean Water Act.She is already in trouble with stockholders because of low profits and does not wish to spend extra money on pollution control.Therefore,she instructed employees to simply dump waste into the river.She was aware that she would be fired if the company received a heavy fine,but she decided to take the risk because she was in danger of being fired if profits did not come up anyway.Also,while Gretta believed that the Clean Air Act applied; Linda,a majority stockholder,told her that the Clean Water Act would not apply based upon the location of the plant.
-Refer to fact pattern 16-1.Is Linda correct in her argument that the Clean Water Act would not apply based upon the location of the plant?

Accepted Answer

A) Yes,Linda is correct that the Clean Water Act would not apply because the state does not border the coast. 
B) Yes,Linda is correct that the Clean Water Act would not apply because a river would not be considered a navigable waterway. 
C) Yes,Linda is correct that the Clean Water Act would not apply because the state does not border the coast and also because a river would not be considered a navigable waterway. 
D) No,Linda is incorrect; the river would be considered a navigable waterway; it does not matter that the state is not on the coast; and the Clean Water Act would apply. 
A) Yes,Linda is correct that the Clean Water Act would not apply because the state does not border the coast. 
B) Yes,Linda is correct that the Clean Water Act would not apply because a river would not be considered a navigable waterway. 
C) Yes,Linda is correct that the Clean Water Act would not apply because the state does not border the coast and also because a river would not be considered a navigable waterway. 
D) No,Linda is incorrect; the river would be considered a navigable waterway; it does not matter that the state is not on the coast; and the Clean Water Act would apply.

Question 16

Environmental laws are administered by the

Accepted Answer

A) Council on Environmental Quality 
B) Environmental Protection Agency 
C) National Environmental Policy Commission 
D) Resource Conservation and Recovery Agency 
A) Council on Environmental Quality 
B) Environmental Protection Agency 
C) National Environmental Policy Commission 
D) Resource Conservation and Recovery Agency

Question 17

Define the term "navigable waters" as used in the Clean Water Act and set forth what the U.S.Supreme Court has said that the term includes and excludes.Why was the U.S.Supreme Court concerned with limiting the scope of the term "navigable waters"?

Accepted Answer

Navigable waters are defined as all "wat

Question 18

A nuisance lawsuit cannot prevent pollution but may only provide a remedy after the fact.

Accepted Answer

A) True 
 B)False

Question 19

A corporate officer can be held criminally liable under the Clean Water Act if he or she knowingly violated the act.

Accepted Answer

A) True 
 B)False

Question 20

A nuisance lawsuit is not an effective way to deal with environmental issues because

Accepted Answer

A) a separate lawsuit has to be filed in each case. 
B) such lawsuits could address only water pollution and air pollution,not other types of pollution. 
C) a lawsuit cannot prevent pollution,but only provide a remedy. 
D) Both because a separate lawsuit has to be filed in each case and because a lawsuit cannot prevent pollution,but only provide a remedy 
A) a separate lawsuit has to be filed in each case. 
B) such lawsuits could address only water pollution and air pollution,not other types of pollution. 
C) a lawsuit cannot prevent pollution,but only provide a remedy. 
D) Both because a separate lawsuit has to be filed in each case and because a lawsuit cannot prevent pollution,but only provide a remedy

Exam 16: Environmental law

Which of the following statements does not describe the relationship between the EPA and an EPA approved State environmental program?

Environmental ________ is a systematic and ongoing process for determining whether property contains or emits hazardous substances and whether a company is in compliance with environmental laws

The Clean Air Act does not require which of the following?

Who are potentially responsible parties under CERCLA?

Which of the following are pollutants for which the EPA has set standards?

Policy statements issued by the EPA have the force of law.

Tina is the president of Bank X which holds a mortgage on a company found liable illegal disposal of hazardous waste.The company has stopped paying on its loan to Bank X.Tina would like to foreclose,but she does not want the bank to become liable under CERCLA as an owner.What should she do?

The EPA is a cabinet-level department

Under the Clean Air Act,if a nonattainment area fails to develop an adequate plan to attain the national standard,what penalties may be imposed?

Which of the following laws governs the quality of drinking water served by public drinking-water systems?

Under CERCLA potentially responsible parties include

Which of the following laws applies to pesticide products?

The Toxic Substances and Control Act applies only to chemical substances manufactured in the U.S.,not to imported chemicals.

Environmental laws are administered by the

Define the term "navigable waters" as used in the Clean Water Act and set forth what the U.S.Supreme Court has said that the term includes and excludes.Why was the U.S.Supreme Court concerned with limiting the scope of the term "navigable waters"?

A nuisance lawsuit cannot prevent pollution but may only provide a remedy after the fact.

A corporate officer can be held criminally liable under the Clean Water Act if he or she knowingly violated the act.

A nuisance lawsuit is not an effective way to deal with environmental issues because

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Constitutional bases for business regulation

Agency

Administrative Law

Contracts

sales, licensing, and e-commerce

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product liability

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The employment agreement

civil rights and employment discrimination

executive compensation and employee benefits

Criminal law

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real property and land use

Forms of business organizations

Directors, Officers, and Controlling Shareholders

Public and Private Offerings of Securities

Securities Fraud and insider trading

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