Exam 10: Environmental Regulation and Sustainability

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An "innocent landowner":

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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.​ -What is the process of evaluating property prior to purchase called?

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Why are so many service stations replacing their underground storage tanks?

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Which of the following acts established the Superfund?

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The "bubble concept" examines pollution in one area as if it came from a single source.

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Data barn litigation cases have used which of these legal theories?

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A NIMBY is a property owner who opposes development or certain land uses.

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A nuisance must be a public nuisance to be actionable.

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"Moving to the nuisance":

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The EPA provides incentives for both self-reporting and self-audits.

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Many dry cleaners now charge an environmental surcharge to cover their costs on emissions compliance.

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An NPDES permit is issued only with onlyEPA approval.

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Which of the following would require the filing of an EIS?

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Explain the steps in due diligence.

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Discuss the scope of the Endangered Species Act.

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In nonattainment areas,the EPA has the authority to:

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A public nuisance:

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A due diligence review should be done before property is purchased.

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The Clean Air Act is applicable only to businesses with 15 or more employees.

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What penalties exist for violation of federal environmental regulations?

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