Exam 10: Environmental Regulation and Sustainability

An EIS is filed with the:

The Oil Pollution Act of 1990:

Explain whether each of the following would require an EIS and why. a.The creation of a heliport in a national park. b.The construction of a new central post office clearing facility. c.The placement of a federal research laboratory at the top of a mountain.

Environmental impact statements (EIS)must:

An NPDES permit is required for point sources.

The University of Arizona has developed plans for the construction of a set of telescopes on Mount Graham in southern Arizona.The project is a joint one with NASA and a French consortium.Mount Graham is the home for the red mountain squirrel - a species near extinction.The University of Arizona:

Ace Hauling,Inc.,has been transporting industrial tailings for companies around the Minneapolis/St.Paul area for the past decade.The site at which the tailings were dumped has been designated at a CERCLA Superfund site.Ace Hauling's board of directors voted to sell Ace to a new corporation created by legal counsel for Ace.All of Ace's assets,liabilities and contracts will be transferred to the new corporation whose owners are unaware of Ace's history.By creating the new corporation and transferring the assets:

Basa Industries,Inc.,because of processing changes,has "0" emissions from its plant in New Mexico.However,Basa holds a permit for emissions from the EPA.Basa:

Describe what brownfields are and what the federal government had been doing to help manage them.

Explain the economic incentives under the Clean Air Act of 1990 for companies to have fewer emissions.

What environmental issues exist for a developer?

Which of the following would prevent a company from receiving reduced penalties under CERCLA?​

First National has just foreclosed on the mortgage of one of its debtors,Rayon Chemical.It will be six months before Rayon can sell the property.What can First National do with the property without risking CERCLA liability?

Discuss howdata barnproblems can affect property values.

In June 1985,Joseph Marcantuone and Robert Gieson purchased property located in East Orange,New Jersey.At the time of purchase,the property was partly occupied and leased to Carriage Trade Cleaners,a dry cleaning establishment.A number of dry cleaners continuously operated on this site since 1930.Marcantuone and Gieson owned and operated a grocery store on another section of the property.They have never personally owned or operated a dry cleaning establishment on the property.JRM,LLC,and Sang Hak Shin were tenants on the property and the last operators of the dry cleaning establishment that utilized the hazardous substance tetrachloroethylene,or perchloroethylene (PCE),during the time Marcantuone and Gieson owned the property.The city of East Orange acquired the property through condemnation for the purpose of building a school on the property.But,the PCE was discovered on the property and out of the $629,407 given to Marcantuone and Gieson as compensation for the taking,the city held back $182,035.20 for the cost of the PCE clean-up.It cost the city a total of $212,000 to complete the clean-up of the property.​ -Who is liable for the remaining amount due for the clean-up?

Private citizens may not bring suit under federal environmental legislation.

First Banc loaned money to Best Batteries for the purchase of its factory.First Banc took a mortgage on the factory and land.Best Batteries,because the price of its lifetime battery was so high,went out of business within 18 months.Best deeded the title to the factory and land back to First Banc.When First Banc sent in a clean-up firm,it discovered that there were old and new batteries stacked everywhere on the property.First Banc:

The Clean Air Act requires plants to use the maximum achievable control technology.

The Cross-State Pollution Rule (Transport Rule)applies to:​

The Davises reside in a house located on four acres of property,property zoned for low-density residential or agricultural use.In 2004,the property across the highway from the Davises was rezoned for heavy industrial use.Toyo Tire began building a tire manufacturing and distributing facility on 260 acres located across the highway from the Davises.Since Toyo began operating in 2006,it has expanded 3 times,growing from 400 employees and production of 3,000 tires per day to a planned fourth expansion to 1,450 employees and production of 13,500 tires per day.The plant operates 24 hours per day in two 12-hour shifts. ​ The Davises experienced the problems of loud noises,bright lights,black-dust emissions,and traffic from employees and delivery trucks.An appraiser determined that the presence and growth of the plant reduced the value of the Davises' property by 35-40%,with an additional 15% reduction for the black dust. ​The Davises: ​