Question 1

The need to file a lawsuit in each case and the complexity of the common law made nuisance a cumbersome way to control environmental pollution in an industrialized society.

Accepted Answer

A) True 
 B)False

Question 2

The EPA is a cabinet-level department

Accepted Answer

A) True 
 B)False

Question 3

Most 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 4

What level of culpability does CERCLA require before authorizing an award of punitive damages against a polluter?

Accepted Answer

A)  Intentional violation of the law 
B)  Recklessness 
C)  Negligence 
D)  It is only required that the defendant be the responsible party in regard to the pollution with the defendant's mental state being irrelevant. 
A)  Intentional violation of the law 
B)  Recklessness 
C)  Negligence 
D)  It is only required that the defendant be the responsible party in regard to the pollution with the defendant's mental state being irrelevant.

Question 5

Which of the following is false regarding the adoption of the policy that the polluter pays?

Accepted Answer

A)  The European Union has adopted the policy that the polluter pays. 
B)  Asia rejected the concept that the polluter pays. 
C)  Delhi, India has begun more strict enforcement of some laws based on the concept that the polluter pays. 
D)  The U.S. environmental scheme adheres to the idea that the polluter pays. 
A)  The European Union has adopted the policy that the polluter pays. 
B)  Asia rejected the concept that the polluter pays. 
C)  Delhi, India has begun more strict enforcement of some laws based on the concept that the polluter pays. 
D)  The U.S. environmental scheme adheres to the idea that the polluter pays.

Question 6

Which of the following was the result before the U.S.Supreme Court in American Electric Power Co.v.Connecticut,the case in the text involving whether eight states,New York City,and land trusts could recover against electric power corporations for contributing to global warming in violation of federal common law and state nuisance law?

Accepted Answer

A)  The court ruled that no cause of action existed under either federal or state law because the case involved a nonjusticiable political question. 
B)  The court ruled that the plaintiffs could proceed to a jury trial under both federal common law and state nuisance law. 
C)  The court ruled that a cause of action under federal common law was available but that the plaintiffs could not proceed under state nuisance law. 
D)  The court ruled that a cause of action under federal common law was foreclosed but remanded the case for consideration of whether state nuisance law would provide a cause of action. 
A)  The court ruled that no cause of action existed under either federal or state law because the case involved a nonjusticiable political question. 
B)  The court ruled that the plaintiffs could proceed to a jury trial under both federal common law and state nuisance law. 
C)  The court ruled that a cause of action under federal common law was available but that the plaintiffs could not proceed under state nuisance law. 
D)  The court ruled that a cause of action under federal common law was foreclosed but remanded the case for consideration of whether state nuisance law would provide a cause of action.

Question 7

Abandoned or historically polluted sites are governed by the _______ whereas the _______ covers current and future hazardous waste treatment facilities.

Accepted Answer

A)  Comprehensive Environmental Response, Compensation, and Liability Act; National Pollutant Discharge Elimination System 
B)  Resource Conservation and Recovery Act; National Pollutant Discharge Elimination System 
C)  Resource Conservation and Recovery Act; Comprehensive Environmental Response, Compensation, and Liability Act 
D)  Comprehensive Environmental Response, Compensation, and Liability Act; Resource Conservation and Recovery Act 
A)  Comprehensive Environmental Response, Compensation, and Liability Act; National Pollutant Discharge Elimination System 
B)  Resource Conservation and Recovery Act; National Pollutant Discharge Elimination System 
C)  Resource Conservation and Recovery Act; Comprehensive Environmental Response, Compensation, and Liability Act 
D)  Comprehensive Environmental Response, Compensation, and Liability Act; Resource Conservation and Recovery Act

Question 8

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 9

Which of the following is true regarding the authority of administering agencies?

Accepted Answer

A)  The environmental laws give broad authority to the administering agencies to conduct on-site inspections of plant facilities and their records. 
B)  The environmental laws give limited authority to the administering agencies to conduct on-site inspections of plant facilities and their records. 
C)  The environmental laws give no authority to the administering agencies to conduct on-site inspections of plant facilities and their records. 
D)  The environmental laws give limited authority to administering agencies to conduct on-site inspections of plant records, but facilities may not be directly inspected by administering agencies. 
A)  The environmental laws give broad authority to the administering agencies to conduct on-site inspections of plant facilities and their records. 
B)  The environmental laws give limited authority to the administering agencies to conduct on-site inspections of plant facilities and their records. 
C)  The environmental laws give no authority to the administering agencies to conduct on-site inspections of plant facilities and their records. 
D)  The environmental laws give limited authority to administering agencies to conduct on-site inspections of plant records, but facilities may not be directly inspected by administering agencies.

Question 10

Who are potentially responsible parties under CERCLA?

Accepted Answer

Potentially responsible parties include

Question 11

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 12

Fact Pattern 15-1
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 instructs 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 15-1. 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 13

Company X was responsible for 40% of the environmental pollutants on a hazardous waste site whereas Company Z was responsible for the remaining 60%. Under CERCLA which of the following is true regarding the imposition of liability on the parties?

Accepted Answer

A)  Company X and Company Z are subject to joint and several liability meaning that either can be held liable for the total cleanup costs, and no contribution between the parties is available. 
B)  Company X and Company Z are subject to joint and several liability meaning that either can be held liable for the total cleanup costs, but contribution between the parties may be available. 
C)  Regardless of whether both companies are still in business, Company X is responsible for only 40% of the cleanup costs, and Company Z is liable for only 60% of the costs. 
D)  Liability depends on who was the initial polluter because that party has primary liability for the total costs whereas the other company has secondary liability in the event that the first polluter is no longer in business. 
A)  Company X and Company Z are subject to joint and several liability meaning that either can be held liable for the total cleanup costs, and no contribution between the parties is available. 
B)  Company X and Company Z are subject to joint and several liability meaning that either can be held liable for the total cleanup costs, but contribution between the parties may be available. 
C)  Regardless of whether both companies are still in business, Company X is responsible for only 40% of the cleanup costs, and Company Z is liable for only 60% of the costs. 
D)  Liability depends on who was the initial polluter because that party has primary liability for the total costs whereas the other company has secondary liability in the event that the first polluter is no longer in business.

Question 14

Which of the following refers to the belief that decisions with environmental consequences should not discriminate against poor and minority communities?

Accepted Answer

A)  Fair allocation 
B)  Brownfield containment 
C)  Environmental justice 
D)  Equitable allocation 
A)  Fair allocation 
B)  Brownfield containment 
C)  Environmental justice 
D)  Equitable allocation

Question 15

The federal government originally did not regulate the pollution created by industry.As environmental law developed,the government began to issue permits to businesses to control and regulate the amount of their pollution.Many industries claim that the cost of compliance with current environmental laws unduly hampers their ability to compete effectively in the marketplace.Is it fair to business owners to be burdened with these costs? Are the strict liability provisions in the federal environmental acts ethical and fair? Discuss fully.

Accepted Answer

Students should discuss ethica

Question 16

The management of hazardous waste is governed by the ____ as amended.

Accepted Answer

A)  Clean Air Act 
B)  Clean Water Act 
C)  Solid Waste Disposal Act 
D)  Federal Superfund Law 
A)  Clean Air Act 
B)  Clean Water Act 
C)  Solid Waste Disposal Act 
D)  Federal Superfund Law

Question 17

Laws addressing wilderness preservation,wildlife protection,coastal zone management,energy conservation,and national part designation are referred to as _______ laws.

Accepted Answer

A)  Protection law 
B)  Environmental law 
C)  Endangerment laws 
D)  Natural resources laws 
A)  Protection law 
B)  Environmental law 
C)  Endangerment laws 
D)  Natural resources laws

Question 18

Fact Pattern 15-1
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 instructs 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 15-1. Does Gretta have any greater danger in this situation than being fired?

Accepted Answer

A)  Yes, she can be held individually liable for the pollution since she knowingly violated the Clean Water Act; and she could face a fine as well as jail time. 
B)  Yes, she can be held individually liable for the pollution since she knowingly violated the Clean Water Act; but she could only be fined, not sent to jail. 
C)  So long as the majority shareholder approves of her actions, she cannot be fined or sent to jail for any environmental violation. 
D)  No. 
A)  Yes, she can be held individually liable for the pollution since she knowingly violated the Clean Water Act; and she could face a fine as well as jail time. 
B)  Yes, she can be held individually liable for the pollution since she knowingly violated the Clean Water Act; but she could only be fined, not sent to jail. 
C)  So long as the majority shareholder approves of her actions, she cannot be fined or sent to jail for any environmental violation. 
D)  No.

Question 19

A[n] ______ is an effect of a purchase or use decision by one set of parties on others who did not have a choice and whose interest was not taken into account.

Accepted Answer

A)  Externality 
B)  bystander influence 
C)  afflicting action 
D)  effectation 
A)  Externality 
B)  bystander influence 
C)  afflicting action 
D)  effectation

Question 20

Under CERCLA which of the following is true if the EPA does cleanup work?

Accepted Answer

A)  The EPA can recover its cleanup costs from responsible parties. 
B)  The EPA can recover its cleanup costs only from the present owner only. 
C)  The EPA can recover its cleanup costs only from the owner at the time of disposal. 
D)  The EPA can recover its cleanup costs from either the present owner or the owner at the time of disposal, but from no one else. 
A)  The EPA can recover its cleanup costs from responsible parties. 
B)  The EPA can recover its cleanup costs only from the present owner only. 
C)  The EPA can recover its cleanup costs only from the owner at the time of disposal. 
D)  The EPA can recover its cleanup costs from either the present owner or the owner at the time of disposal, but from no one else.

The need to file a lawsuit in each case and the complexity of the common law made nuisance a cumbersome way to control environmental pollution in an industrialized society.

The EPA is a cabinet-level department

Most environmental laws are administered by the

What level of culpability does CERCLA require before authorizing an award of punitive damages against a polluter?

Which of the following is false regarding the adoption of the policy that the polluter pays?

Abandoned or historically polluted sites are governed by the _ whereas the _ covers current and future hazardous waste treatment facilities.

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

Which of the following is true regarding the authority of administering agencies?

Who are potentially responsible parties under CERCLA?

Which of the following laws applies to pesticide products?

Company X was responsible for 40% of the environmental pollutants on a hazardous waste site whereas Company Z was responsible for the remaining 60%. Under CERCLA which of the following is true regarding the imposition of liability on the parties?

Which of the following refers to the belief that decisions with environmental consequences should not discriminate against poor and minority communities?

The management of hazardous waste is governed by the ____ as amended.

Laws addressing wilderness preservation,wildlife protection,coastal zone management,energy conservation,and national part designation are referred to as _______ laws.

A[n] ______ is an effect of a purchase or use decision by one set of parties on others who did not have a choice and whose interest was not taken into account.

Under CERCLA which of the following is true if the EPA does cleanup work?

law, value creation, and risk management

Ethics ant the law

Courts, sources of law, and dispute resolution

Constitutional bases for business regulation

Agency

Administrative Law

Contracts

sales,licensing,and e-commerce

Torts and Privacy protection

product liability

Intellectual property

The employment agreement

civil rights and employment discrimination

Criminal law

Antitrust

Consumer Protection

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

Debtor-Creditor Relations and Bankruptcy

International Business

Filters

Exam 15: Environmental law

The need to file a lawsuit in each case and the complexity of the common law made nuisance a cumbersome way to control environmental pollution in an industrialized society.

The EPA is a cabinet-level department

Most environmental laws are administered by the

What level of culpability does CERCLA require before authorizing an award of punitive damages against a polluter?

Which of the following is false regarding the adoption of the policy that the polluter pays?

Abandoned or historically polluted sites are governed by the _______ whereas the _______ covers current and future hazardous waste treatment facilities.

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

Which of the following is true regarding the authority of administering agencies?

Who are potentially responsible parties under CERCLA?

Which of the following laws applies to pesticide products?

Company X was responsible for 40% of the environmental pollutants on a hazardous waste site whereas Company Z was responsible for the remaining 60%. Under CERCLA which of the following is true regarding the imposition of liability on the parties?

Which of the following refers to the belief that decisions with environmental consequences should not discriminate against poor and minority communities?

The management of hazardous waste is governed by the ____ as amended.

Laws addressing wilderness preservation,wildlife protection,coastal zone management,energy conservation,and national part designation are referred to as _______ laws.

A[n] ______ is an effect of a purchase or use decision by one set of parties on others who did not have a choice and whose interest was not taken into account.

Under CERCLA which of the following is true if the EPA does cleanup work?

law, value creation, and risk management

Ethics ant the law

Courts, sources of law, and dispute resolution

Constitutional bases for business regulation

Agency

Administrative Law

Contracts

sales,licensing,and e-commerce

Torts and Privacy protection

product liability

Intellectual property

The employment agreement

civil rights and employment discrimination

Criminal law

Antitrust

Consumer Protection

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

Debtor-Creditor Relations and Bankruptcy

International Business

Filters

Abandoned or historically polluted sites are governed by the _ whereas the _ covers current and future hazardous waste treatment facilities.