Question 1

When can a corporate officer be held civilly liable under the Clean Water Act?

Accepted Answer

A)  Corporate officers are strictly liable whenever a violation by their company is established. 
B)  Only if the corporate officer specifically ordered the unlawful discharge. 
C)  If the corporate officer had the authority to exercise control over the activity that caused the unlawful discharge or if the officer knowingly violated the act. 
D)  Corporate officers may never be held liable in an individual capacity. 
A)  Corporate officers are strictly liable whenever a violation by their company is established. 
B)  Only if the corporate officer specifically ordered the unlawful discharge. 
C)  If the corporate officer had the authority to exercise control over the activity that caused the unlawful discharge or if the officer knowingly violated the act. 
D)  Corporate officers may never be held liable in an individual capacity. C

Question 2

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

Accepted Answer

A) True 
 B)False  False

Question 3

Tina is the president of Bank X which holds a mortgage on a company found liable for 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. B

Question 4

According to the EPA,in order to avail itself of the third-party defense,one of the steps a prospective purchaser must do is hire an environmental professional to conduct a site assessment.

Accepted Answer

A) True 
 B)False

Question 5

The BP oil spill in the Gulf of Mexico led to the largest accidental oil spill in history.

Accepted Answer

A) True 
 B)False

Question 6

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 7

Which of the following is false regarding defenses to liability under CERCLA?

Accepted Answer

A)  A defense to liability is that the release of hazardous substances was caused solely by an act of God, such as an earthquake. 
B)  A defense to liability is that the release of hazardous substances was caused solely by an act of war. 
C)  A defense exists for purchasers of brownfields, contaminated sites that are eligible for cleaning and reclaiming with assistance from the Superfund. 
D)  A defense exists if the defendant is less than 50% at fault for the contamination. 
A)  A defense to liability is that the release of hazardous substances was caused solely by an act of God, such as an earthquake. 
B)  A defense to liability is that the release of hazardous substances was caused solely by an act of war. 
C)  A defense exists for purchasers of brownfields, contaminated sites that are eligible for cleaning and reclaiming with assistance from the Superfund. 
D)  A defense exists if the defendant is less than 50% at fault for the contamination.

Question 8

________ liability is the responsibility of an acquirer of corporate assets for the liabilities of the seller.

Accepted Answer

A)  Parent 
B)  Successor 
C)  Subsidiary 
D)  Environmental 
A)  Parent 
B)  Successor 
C)  Subsidiary 
D)  Environmental

Question 9

The Clean Water Act is inapplicable to ponds that are not adjacent to open water.

Accepted Answer

A) True 
 B)False

Question 10

Environmental law does not cover land-use regulation.

Accepted Answer

A) True 
 B)False

Question 11

Environmental laws establish minimum standards to which companies must adhere.

Accepted Answer

A) True 
 B)False

Question 12

The Securities and Exchange Commission (SEC)has no requirements in regard to disclosing environmental liabilities.

Accepted Answer

A) True 
 B)False

Question 13

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 14

Explain what the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act (RCRA)authorizes the EPA to do.

Accepted Answer

It authorizes the EPA to identify and li

Question 15

A fundamental element of the U.S.scheme of pollution control is the policy that the polluter pays.

Accepted Answer

A) True 
 B)False

Question 16

________ is imposed upon the generator of hazardous waste by the Resource Conservation and Recovery Act.

Accepted Answer

A)  Negligence liability and responsibility 
B)  Individual liability and responsibility 
C)  Cradle to grave responsibility 
D)  Joint and several liability 
A)  Negligence liability and responsibility 
B)  Individual liability and responsibility 
C)  Cradle to grave responsibility 
D)  Joint and several liability

Question 17

State environmental laws may not be more stringent than federal laws.

Accepted Answer

A) True 
 B)False

Question 18

What is the Kyoto Protocol? Is the U.S.a signatory?

Accepted Answer

The Kyoto Protocol is an amendment to th

Question 19

Under which of the following may a parent corporation be held liable under CERCLA for facilities ostensibly operated by a subsidiary?

Accepted Answer

A)  As an owner of a subsidiary whose corporate veil has been pierced 
B)  As an operator of the facility 
C)  Both as an owner of a subsidiary whose corporate veil has been pierced and as an operator of the facility 
D)  Under no circumstances may a parent corporation be held liable 
A)  As an owner of a subsidiary whose corporate veil has been pierced 
B)  As an operator of the facility 
C)  Both as an owner of a subsidiary whose corporate veil has been pierced and as an operator of the facility 
D)  Under no circumstances may a parent corporation be held liable

Question 20

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.

Exam 15: Environmental law

When can a corporate officer be held civilly liable under the Clean Water Act?

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 for 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?

According to the EPA,in order to avail itself of the third-party defense,one of the steps a prospective purchaser must do is hire an environmental professional to conduct a site assessment.

The BP oil spill in the Gulf of Mexico led to the largest accidental oil spill in history.

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

Which of the following is false regarding defenses to liability under CERCLA?

________ liability is the responsibility of an acquirer of corporate assets for the liabilities of the seller.

The Clean Water Act is inapplicable to ponds that are not adjacent to open water.

Environmental law does not cover land-use regulation.

Environmental laws establish minimum standards to which companies must adhere.

The Securities and Exchange Commission (SEC)has no requirements in regard to disclosing environmental liabilities.

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

Explain what the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act (RCRA)authorizes the EPA to do.

A fundamental element of the U.S.scheme of pollution control is the policy that the polluter pays.

________ is imposed upon the generator of hazardous waste by the Resource Conservation and Recovery Act.

State environmental laws may not be more stringent than federal laws.

What is the Kyoto Protocol? Is the U.S.a signatory?

Under which of the following may a parent corporation be held liable under CERCLA for facilities ostensibly operated by a subsidiary?

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

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