Question 1

To establish a private nuisance, a plaintiff:

Accepted Answer

A) must show that the defendant has substantially and unreasonably interfered with the use and enjoyment of the plaintiff's land. 
B) must show that, in an action for damages in conjunction with private nuisance, the defendant's conduct was unreasonable. 
C) need not show that the interference was unreasonable. 
D) need only show that the quiet enjoyment of plaintiff's land was impacted. 
A) must show that the defendant has substantially and unreasonably interfered with the use and enjoyment of the plaintiff's land. 
B) must show that, in an action for damages in conjunction with private nuisance, the defendant's conduct was unreasonable. 
C) need not show that the interference was unreasonable. 
D) need only show that the quiet enjoyment of plaintiff's land was impacted.

Question 2

Although in recent years certain developed countries, such as the United States, have made significant progress in controlling pollutants, this is not the case worldwide.

Accepted Answer

A) True 
 B)False

Question 3

A federal agency is required to consider only all reasonable alternatives in an EIS.

Accepted Answer

A) True 
 B)False

Question 4

Which of the following is true about the regulation of pesticide use by EPA?

Accepted Answer

A) A pesticide may be legally registered if it will perform its intended function without posing unreasonable risk to humans or the environment. 
B) The EPA may balance the economic and social costs and benefits of use of a pesticide in deciding whether to register it. 
C) Both of these. 
D) Neither of these. 
A) A pesticide may be legally registered if it will perform its intended function without posing unreasonable risk to humans or the environment. 
B) The EPA may balance the economic and social costs and benefits of use of a pesticide in deciding whether to register it. 
C) Both of these. 
D) Neither of these.

Question 5

In suing to recover for environmental damage, under the common law, plaintiffs generally have had causes of action in:

Accepted Answer

A) nuisance. 
B) trespass. 
C) strict liability. 
D) All of these. 
A) nuisance. 
B) trespass. 
C) strict liability. 
D) All of these.

Question 6

The Clean Air Act's 1990 Amendments sought to hasten attainment of certain air quality standards, but failed to address specifically the subject of ozone pollution.

Accepted Answer

A) True 
 B)False

Question 7

EPA's initial inventory of existing chemicals, completed in 1980, listed approximately how many chemicals?

Accepted Answer

A) 5,000 
B) 55,000 
C) 189 
D) 1,890,000 
A) 5,000 
B) 55,000 
C) 189 
D) 1,890,000

Question 8

An approved SIP is treated as both state and federal law.

Accepted Answer

A) True 
 B)False

Question 9

Trespass differs from private nuisance in that nuisance does not require an interference with a plaintiff's possession of the land.

Accepted Answer

A) True 
 B)False

Question 10

TSCA includes provisions that:

Accepted Answer

A) regulate the manufacture of new chemicals. 
B) allow for the registration of pesticides. 
C) require that exports be labeled "not registered for use in the United States of America." 
D) All of these. 
A) regulate the manufacture of new chemicals. 
B) allow for the registration of pesticides. 
C) require that exports be labeled "not registered for use in the United States of America." 
D) All of these.

Question 11

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

Accepted Answer

A) True 
 B)False

Question 12

In 1976, RCRA was enacted by Congress:

Accepted Answer

A) to provide a comprehensive scheme of treatment for hazardous solid waste. 
B) and it requires the EPA to establish a manifest system to be used by generators of hazardous waste. 
C) Both of these. 
D) Neither of these. 
A) to provide a comprehensive scheme of treatment for hazardous solid waste. 
B) and it requires the EPA to establish a manifest system to be used by generators of hazardous waste. 
C) Both of these. 
D) Neither of these.

Question 13

The scope of an EIS:

Accepted Answer

A) does not apply to psychological effects. 
B) does not apply to the urban environment. 
C) is narrowly construed. 
D) applies to a broad range of environmental effects. 
A) does not apply to psychological effects. 
B) does not apply to the urban environment. 
C) is narrowly construed. 
D) applies to a broad range of environmental effects.

Question 14

The CERCLA trust fund is financed by a:

Accepted Answer

A) tax on chemical feedstocks. 
B) surtax on businesses with annual incomes over $2 million. 
C) tax on petroleum. 
D) All of these. 
A) tax on chemical feedstocks. 
B) surtax on businesses with annual incomes over $2 million. 
C) tax on petroleum. 
D) All of these.

Question 15

List and define the common law causes of action for environmental damage.

Accepted Answer

Private Nuisance-Substantial and unreaso

Question 16

In an action for damages in a private nuisance suit, the plaintiff is required to prove that the defendant's conduct is unreasonable.

Accepted Answer

A) True 
 B)False

Question 17

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

Accepted Answer

A) True 
 B)False

Question 18

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.

Accepted Answer

A) True 
 B)False

Question 19

The EPA administrator established air quality standards for seven major classes of pollutants (carbon monoxide, particulates, sulfur dioxide, nitrogen dioxide, hydrocarbons, ozone, and lead) but the hydrocarbon standard was subsequently withdrawn as no longer being necessary.

Accepted Answer

A) True 
 B)False

Question 20

The Clean Water Act requires the EPA administrator to do what, regarding new sources?

Accepted Answer

A) Establish federal standards of performance that reflect the greatest degree of effluent reduction achievable through application of the best available control technology. 
B) Modify standards to reflect effluent limitations for existing sources. 
C) Identify state waters that will not meet the Act's requirements. 
D) All of these. 
A) Establish federal standards of performance that reflect the greatest degree of effluent reduction achievable through application of the best available control technology. 
B) Modify standards to reflect effluent limitations for existing sources. 
C) Identify state waters that will not meet the Act's requirements. 
D) All of these.

Exam 45: Environmental Law

To establish a private nuisance, a plaintiff:

Although in recent years certain developed countries, such as the United States, have made significant progress in controlling pollutants, this is not the case worldwide.

A federal agency is required to consider only all reasonable alternatives in an EIS.

Which of the following is true about the regulation of pesticide use by EPA?

In suing to recover for environmental damage, under the common law, plaintiffs generally have had causes of action in:

The Clean Air Act's 1990 Amendments sought to hasten attainment of certain air quality standards, but failed to address specifically the subject of ozone pollution.

EPA's initial inventory of existing chemicals, completed in 1980, listed approximately how many chemicals?

An approved SIP is treated as both state and federal law.

Trespass differs from private nuisance in that nuisance does not require an interference with a plaintiff's possession of the land.

TSCA includes provisions that:

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

In 1976, RCRA was enacted by Congress:

The scope of an EIS:

The CERCLA trust fund is financed by a:

List and define the common law causes of action for environmental damage.

In an action for damages in a private nuisance suit, the plaintiff is required to prove that the defendant's conduct is unreasonable.

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

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.

The EPA administrator established air quality standards for seven major classes of pollutants (carbon monoxide, particulates, sulfur dioxide, nitrogen dioxide, hydrocarbons, ozone, and lead) but the hydrocarbon standard was subsequently withdrawn as no longer being necessary.

The Clean Water Act requires the EPA administrator to do what, regarding new sources?

Introduction to Law

Business Ethics and the Social Responsibility of Business

Civil Dispute Resolution

Constitutional Law

Administrative Law

Criminal Law

Intentional Torts

Negligence and Strict Liability

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

Consideration

Illegal Bargains

Contractual Capacity

Contracts in Writing

Third Parties to Contracts

Performance, Breach, and Discharge

Contract Remedies

Relationship of Principal and Agent

Relationship With Third Parties

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Products Liability: Warranties and Strict Liability in Tort

Sales Remedies

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transfers

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature, Formation, and Powers

Financial Structure

Management Structure

Fundamental Changes

Secured Transactions and Suretyship

Bankruptcy

Protection of Intellectual Property

Antitrust

Consumer Protection

Employment Law

Securities Regulation

Accountants Legal Liability

International Business Law

Introduction to Property, Property Insurance, Bailments, and Documents of Title

Interests in Real Property

Transfer and Control of Real Property

Trusts and Decedents Estates

51: The Legal Environment Of Business

52: Contracts.

53: Agency.

54: Sales

55: Negotiable Instruments

56: Unincorporated Business Association

57: Corporations

58: Debtor and Creditor Relation

59: Regulation of Business

60: Property.