Question 1

Explain what the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act (RCRA)authorizes the EPA to do.

Accepted Answer

It authorizes the EPA to identify and li

Question 2

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 3

Which of the following is NOT true 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 4

An important step in comprehensively managing environmental liability and reducing penalties for noncompliance is to conduct periodic environmental audits.

Accepted Answer

A) True 
 B)False

Question 5

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 6

The Clean Water Act is inapplicable to ponds that are not adjacent to open water.

Accepted Answer

A) True 
 B)False

Question 7

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 8

According to the EPA,in order to avail itself of the third-party defense,one of the steps a prospective purchaser must do is hire an environmental professional to conduct a site assessment.

Accepted Answer

A) True 
 B)False

Question 9

Failure to comply with environmental laws can result in civil fines but not criminal penalties.

Accepted Answer

A) True 
 B)False

Question 10

The European Union,which had adopted the Kyoto Protocol,adopted a(n)__________,which is a market based system that caps the amount of carbon dioxide that companies are allowed to emit.

Accepted Answer

A)  Cap-and-Trade System 
B)  Due Diligence Assessment 
C)  Superlien Strategic Environmental Management system 
D)  Random Cap-and-Audit System 
A)  Cap-and-Trade System 
B)  Due Diligence Assessment 
C)  Superlien Strategic Environmental Management system 
D)  Random Cap-and-Audit System

Question 11

Who are potentially responsible parties under CERCLA?

Accepted Answer

Potentially responsible parties include

Question 12

Which of the following is false regarding defenses to liability under CERCLA?

Accepted Answer

A)  A defense to liability is that the release of hazardous substances was caused solely by an act of God, such as an earthquake. 
B)  A defense to liability is that the release of hazardous substances was caused solely by an act of war. 
C)  A defense exists for purchasers of brownfields, contaminated sites that are eligible for cleaning and reclaiming with assistance from the Superfund. 
D)  A defense exists if the defendant is less than 50% at fault for the contamination. 
A)  A defense to liability is that the release of hazardous substances was caused solely by an act of God, such as an earthquake. 
B)  A defense to liability is that the release of hazardous substances was caused solely by an act of war. 
C)  A defense exists for purchasers of brownfields, contaminated sites that are eligible for cleaning and reclaiming with assistance from the Superfund. 
D)  A defense exists if the defendant is less than 50% at fault for the contamination.

Question 13

Which of the following is currently the world's top carbon polluter?

Accepted Answer

A)  Brazil 
B)  India 
C)  The U.S. 
D)  China 
A)  Brazil 
B)  India 
C)  The U.S. 
D)  China

Question 14

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 15

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 16

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 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 
B)  environmental 
C)  endangerment 
D)  natural resources 
A)  protection 
B)  environmental 
C)  endangerment 
D)  natural resources

Question 18

__________ is imposed upon the generator of hazardous waste by the Resource Conservation and Recovery Act.

Accepted Answer

A)  Negligence liability and responsibility 
B)  Individual liability and responsibility 
C)  Cradle to grave responsibility 
D)  Joint and several liability 
A)  Negligence liability and responsibility 
B)  Individual liability and responsibility 
C)  Cradle to grave responsibility 
D)  Joint and several liability

Question 19

Under which of the following may a parent corporation be held liable under CERCLA for facilities ostensibly operated by a subsidiary?

Accepted Answer

A)  As an owner of a subsidiary whose corporate veil has been pierced 
B)  As an operator of the facility 
C)  Both as an owner of a subsidiary whose corporate veil has been pierced and as an operator of the facility 
D)  Under no circumstances may a parent corporation be held liable 
A)  As an owner of a subsidiary whose corporate veil has been pierced 
B)  As an operator of the facility 
C)  Both as an owner of a subsidiary whose corporate veil has been pierced and as an operator of the facility 
D)  Under no circumstances may a parent corporation be held liable

Question 20

Under CERCLA the Superfund money is spent:

Accepted Answer

A)  on a first come first served basis. 
B)  based in part on a national priorities list. 
C)  in chronological order from the date of the discovery. 
D)  according to the allocation voted by Congress. 
A)  on a first come first served basis. 
B)  based in part on a national priorities list. 
C)  in chronological order from the date of the discovery. 
D)  according to the allocation voted by Congress.

Exam 15: Environmental Law and Sustainability.

Explain what the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act (RCRA)authorizes the EPA to do.

Which of the following is NOT true regarding the adoption of the policy that the polluter pays?

An important step in comprehensively managing environmental liability and reducing penalties for noncompliance is to conduct periodic environmental audits.

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

The Clean Water Act is inapplicable to ponds that are not adjacent to open water.

Most environmental laws are administered by the:

According to the EPA,in order to avail itself of the third-party defense,one of the steps a prospective purchaser must do is hire an environmental professional to conduct a site assessment.

Failure to comply with environmental laws can result in civil fines but not criminal penalties.

The European Union,which had adopted the Kyoto Protocol,adopted a(n)__________,which is a market based system that caps the amount of carbon dioxide that companies are allowed to emit.

Who are potentially responsible parties under CERCLA?

Which of the following is false regarding defenses to liability under CERCLA?

Which of the following is currently the world's top carbon polluter?

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

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

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

__________ is imposed upon the generator of hazardous waste by the Resource Conservation and Recovery Act.

Under which of the following may a parent corporation be held liable under CERCLA for facilities ostensibly operated by a subsidiary?

Under CERCLA the Superfund money is spent:

Law, Value Creation, and Risk Management.

Ethics and the Law.

Sources of Law, Courts, 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 Law and Transactions.

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