Exam 45: Environmental Law

What is the purpose of the Montreal Protocol?

Acid rain:

The term "scoping" concerning EIS procedures includes:

The Clean Water Act imposes civil penalties but not criminal penalties for violations.

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

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

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

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.

The 1977 amendments to the Clean Water Act divided pollutants into all but which of the following categories?

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

The states initially had primary responsibility for controlling air pollution.

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

In May of 1994, Jones went to C & C Bank to apply for a loan on a home he wanted to purchase.C & C Bank loaned the money to Jones because he had excellent credit.C & C never inspected the property Jones was purchasing.Two weeks later, five rusty and leaking 55-gallon drums of a toxic substance were found buried in a creekbed in Jones' backyard.Jones and the Bank's position with regard to liability for cleanup on the property would be:

Which of the following best describes the manifest system?

What do the two major substantive sections of the National Environmental Policy Act address?

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.

For an environmental effect to be treated as a public nuisance there must be some interference with the health, safety, or comfort of the public.

A nonpoint source is a land use that causes pollution.

In 2002 an act promoting the purchase, development, and use of industrially polluted property was signed into law.

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.