Question 1

NEPA is a federal act that focuses on particular environmental hazards without stating national environmental policy.

Accepted Answer

A) True 
 B)False  False

Question 2

The United States Congress overwhelmingly ratified the Kyoto Protocol relating to multi-national reduction of greenhouse gases.

Accepted Answer

A) True 
 B)False  False

Question 3

Private tort actions may not be used to recover for environmental damage.

Accepted Answer

A) True 
 B)False  False

Question 4

NEPA imposes the responsibility for maintaining the environment on all federal agencies.

Accepted Answer

A) True 
 B)False

Question 5

The "bubble concept" is used by the EPA to view an entire plant as one source to evaluate emissions.

Accepted Answer

A) True 
 B)False

Question 6

The FIFRA registration is legal only if:

Accepted Answer

A)  it is completed within 60 days of the pesticide's distribution. 
B)  the pesticide complies with FIFRA labeling requirements. 
C)  the pesticide will not cause any adverse environmental effects when used in accordance with commonly recognized practice. 
D)  All of these. 
A)  it is completed within 60 days of the pesticide's distribution. 
B)  the pesticide complies with FIFRA labeling requirements. 
C)  the pesticide will not cause any adverse environmental effects when used in accordance with commonly recognized practice. 
D)  All of these.

Question 7

The term "nuisance" in the law may mean two distinct types of wrongful actions: one a private nuisance, the other a public nuisance.

Accepted Answer

A) True 
 B)False

Question 8

In order for Mitchell, the owner of an asphalt factory, to obtain a permit from the Colorado Environmental Protection Agency to modify his factory in a PSD area, he must demonstrate that his factory will utilize the best available control technology.

Accepted Answer

A) True 
 B)False

Question 9

If, after making an environmental assessment, a federal agency decides no EIS is required, it must make this decision available to the public.

Accepted Answer

A) True 
 B)False

Question 10

To establish an environmental strict liability suit at common law, the plaintiff must show that the:

Accepted Answer

A)  defendant was negligent in her operations. 
B)  plaintiff was not negligent. 
C)  defendant is engaged in an abnormally dangerous activity in an inappropriate location. 
D)  location for such activity is indeed appropriate. 
A)  defendant was negligent in her operations. 
B)  plaintiff was not negligent. 
C)  defendant is engaged in an abnormally dangerous activity in an inappropriate location. 
D)  location for such activity is indeed appropriate.

Question 11

Which of the following best describes the manifest system?

Accepted Answer

A)  It is the best available technology requirement as described in the Clean Air Act. 
B)  It is the national pollution policy as set forth in NEPA. 
C)  It is the registration system required by TSCA. 
D)  It is a form on which a generator certifies that the toxicity of waste has been reduced to the greatest degree that is economically practicable. 
A)  It is the best available technology requirement as described in the Clean Air Act. 
B)  It is the national pollution policy as set forth in NEPA. 
C)  It is the registration system required by TSCA. 
D)  It is a form on which a generator certifies that the toxicity of waste has been reduced to the greatest degree that is economically practicable.

Question 12

The Frank R. Lautenberg Chemical Safety for the 21st Century Act requires a risk assessment of all commercial chemicals, as well as chemicals new to the market and provides for increased public transparency for chemical information.

Accepted Answer

A) True 
 B)False

Question 13

Which of the following is not true about chlorofluorocarbons (CFCs)?

Accepted Answer

A)  They deplete the ozone layer. 
B)  By 1985, scientists believed that the release of CFCs into the atmosphere had caused a hole in the ozone layer in the stratosphere. 
C)  There are no synthetic substitutes for CFCs. 
D)  CFCs are extremely potent greenhouse gases. 
A)  They deplete the ozone layer. 
B)  By 1985, scientists believed that the release of CFCs into the atmosphere had caused a hole in the ozone layer in the stratosphere. 
C)  There are no synthetic substitutes for CFCs. 
D)  CFCs are extremely potent greenhouse gases.

Question 14

Phoenix, Arizona might be classified as a PSD area with respect to some pollutants, but not with respect to others.

Accepted Answer

A) True 
 B)False

Question 15

What is the purpose of the Montreal Protocol?

Accepted Answer

The purpose of the Montreal Protocol is

Question 16

Promulgation of a new NAAQS does not require each state to submit an SIP.

Accepted Answer

A) True 
 B)False

Question 17

Discuss common problems related to private causes of action with reference to the environment.

Accepted Answer

These problems include the high costs of

Question 18

List and define the common law remedies for environmental damage.

Accepted Answer

Private Nuisance 
Substantial and unreas

Question 19

The NPDES is a highly effective water emission technology required to be used by the EPA.

Accepted Answer

A) True 
 B)False

Question 20

Although a federal agency must consider all reasonable alternatives in an EIS, doing nothing need not be considered.

Accepted Answer

A) True 
 B)False

Exam 45: Environmental Law

NEPA is a federal act that focuses on particular environmental hazards without stating national environmental policy.

The United States Congress overwhelmingly ratified the Kyoto Protocol relating to multi-national reduction of greenhouse gases.

Private tort actions may not be used to recover for environmental damage.

NEPA imposes the responsibility for maintaining the environment on all federal agencies.

The "bubble concept" is used by the EPA to view an entire plant as one source to evaluate emissions.

The FIFRA registration is legal only if:

The term "nuisance" in the law may mean two distinct types of wrongful actions: one a private nuisance, the other a public nuisance.

In order for Mitchell, the owner of an asphalt factory, to obtain a permit from the Colorado Environmental Protection Agency to modify his factory in a PSD area, he must demonstrate that his factory will utilize the best available control technology.

If, after making an environmental assessment, a federal agency decides no EIS is required, it must make this decision available to the public.

To establish an environmental strict liability suit at common law, the plaintiff must show that the:

Which of the following best describes the manifest system?

The Frank R. Lautenberg Chemical Safety for the 21st Century Act requires a risk assessment of all commercial chemicals, as well as chemicals new to the market and provides for increased public transparency for chemical information.

Which of the following is not true about chlorofluorocarbons (CFCs)?

Phoenix, Arizona might be classified as a PSD area with respect to some pollutants, but not with respect to others.

What is the purpose of the Montreal Protocol?

Promulgation of a new NAAQS does not require each state to submit an SIP.

Discuss common problems related to private causes of action with reference to the environment.

List and define the common law remedies for environmental damage.

The NPDES is a highly effective water emission technology required to be used by the EPA.

Although a federal agency must consider all reasonable alternatives in an EIS, doing nothing need not be considered.

Introduction to Law

Business Ethics

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

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Product Liability Warranties and Strict Liability

Sales Remedies

Form and Content

Transfer and Holder in Due Course

Liability of Parties

Bank Deposits Collections and Funds Transfers

Relationship of Principal and Agent

Relationship With Third Parties

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature and Formation of Corporations

Financial Structure of Corporations

Management Structure of Corporations

Fundamental Changes of Corporations

Secured Transactions and Suretyship

Bankruptcy

Securities Regulation

Intellectual Property

Employment Law

Antitrust

Accountants Legal Liability

Consumer Protection

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 Wills

Filters

The Frank R. Lautenberg Chemical Safety for the 21^st Century Act requires a risk assessment of all commercial chemicals, as well as chemicals new to the market and provides for increased public transparency for chemical information.