Exam 40: Environmental Law

Weste,Inc.decided to expand by building a $50 million manufacturing facility.Weste,Inc.is not a federal agency and the expansion is not regulated or approved by the government.Nevertheless,Weste must prepare an environmental impact statement.

Trent was the production manager at HGB,Inc.Under his supervision,HGB filled in an area of wetlands on the company's property without a permit.Has Trent violated the law? What penalties might he face?

As part of a compromise to the Endangered Species Act,the government allows developers to conserve some land in return for developing other property as they want.This is accomplished through

The cost-benefit trade-off is particularly complex in environmental issues because those who pay the cost often are not the ones who receive the benefit.

Under the Clean Air Act

The EPA will allow individual states' air pollution level to rise as long as it still meets the EPA's existing national standards.

Which of the following is NOT a provision of the Clean Air Act?

James purchased an abandoned lot.When he started to develop the land,he discovered several underground storage tanks containing hazardous waste buried on the site.He claims the seller,Richard,is liable to him for the cost of removing the tanks.Richard claims he owned the lot for 20 years and never knew of the underground tanks.Richard argues he purchased the land from Thomas and that Thomas or his heirs are liable for the cost of removing the underground tanks.Explain whether Richard is liable to James.Does Thomas or do his heirs have any liability to James or Richard?

An Environmental Impact Statement must be prepared for every major federal action that significantly affects the quality of the environment.

Under Superfund legislation,to what extent must a hazardous waste site be cleaned?

The Toxic Substances Control Act regulates

A person who violates the Clean Water Act can face possible imprisonment in addition to other penalties.

Under the Clean Air Act

To date,the United States and China are the only two countries that adhere to the 1997 Kyoto Protocol.

What is the goal of the Superfund?

TriColor,Inc.purchased a piece of land from HBC,Inc.Hazardous waste was subsequently discovered on the land.Even though TriColor did nothing illegal,it may be liable under CERCLA for the cleanup costs.

Armand Industries is producing a foul-smelling odor as a by-product of its factory's operations.However,the emission is not harmful to the health of those exposed to it.Armand would be subject to a primary national ambient air quality standard established by the EPA.

Which program was designed as a method for limiting air pollutants in an economically efficient manner by allowing enterprises to sell its leftover emissions allowance to other companies or stockpile it for future use?

Foiler Manufacturing,a new corporation,estimates it may generate approximately 200 kilograms of hazardous waste each month.Discuss the EPA requirements it faces in relation to this waste.

Cincy,Inc.is building a $20 million dollar addition onto its distribution facility.To build the facility,Cincy must fill in two acres of wetlands.Under the Clean Water Act,Cincy must obtain a permit before filling in the wetlands.