Exam 45: Environmental Law

Lostowne was economically depressed until Sally's Firecracker Corp. moved their factory there. Test explosions and the acrid smell of sulfur were interfering with Bob's enjoyment of the old family home. Bob sues Sally for nuisance and motions the court to issue an injunction to close down the factory. In determining whether the injunction is appropriate the court will:

CERCLA is an Act that:

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

Public nuisance actions are very commonly used against polluters.

Under the Superfund Recycling Act of 1999, recyclers may be liable to third parties, but not to the federal or state governments.

Milly owns a car rental business that nets over $2 million. How is Milly contributing to the CERCLA trust fund?

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

If an SIP is not complete, the EPA may treat it as a nullity in whole or in part.

TSCA includes provisions that:

The scope of an EIS:

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.

The most important federal statutes governing hazardous substances include:

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

In order for Mitchell, the owner of a cement factory, to obtain a permit from the Colorado Environmental Protection Agency in a PSD area, he must demonstrate that his factory will utilize the best available control technology.

Under NEPA, psychological health effects are considered to be environmental effects.

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

In order for Bill to receive a permit for his plastic factory in a nonattainment area, he must show that the factory's emission rates will be within the average range for the industry.

A nonpoint source is a land use that causes pollution.

A new NAAQS does not require each state to submit an SIP.

The term "scoping" concerning EIS procedures includes: