Exam 45: Environmental Law

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The 1990 amendments to the Clean Air Act:

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To establish trespass to land, a plaintiff:

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The  Clean Power Plan  requires power plants by 2030 to significantly cut levels of U.S. carbon dioxide emissions, sulfur dioxide emissions, and nitrogen oxide emissions.

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In 2017, President Trump signed the Executive Order on Energy Independence, which calls for a review of the Clean Power Plan.

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In order for Beth to receive a permit for her plastics factory in a nonattainment area, she must show that the factory's emission rates will be within the average range for the industry.

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Generally, only a public representative, such as the attorney general, may sue to stop a public nuisance.

(True/False)
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To establish a private nuisance, a plaintiff:

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The National Pollutant Discharge Elimination System may require that discharge permits be obtained from:

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All present and former owners of contaminated property have liability for its Superfund clean-up costs if they caused the contamination or if they owned the property while it was contaminated, whether or not they knew of the contamination.

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Under the Superfund Recycling Act of 1999, recyclers are exempt from clean-up cost liability to the government or third parties.

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Which of the following is true of prevention of significant deterioration (PSD) areas under the Clean Air Act?

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CERCLA is an act that:

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A detailed statement concerning the environmental impact of a proposed federal action is:

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The Clean Air Act requires that the standard of performance for new stationary sources that are constructed or modified after the publication of regulations reflect emissions achievable through application of the best available technological system of continuous emission reduction.

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As of April 12, 2017, 144 countries, including the US, had ratified the Doha Amendment to the Kyoto Protocol.

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The Council on Environmental Quality is a separate administrative agency that advises the president on environmental issues.

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Petrol Corp. owns several drilling operations in the Gulf of Mexico, refineries, service stations, and tanker trucks for transporting their products. Petrol Corp. hires an environmental manager to keep the company in compliance with various environmental laws. What laws will the environmental manager need to study and why?

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If, after performing an environmental assessment, a federal agency concludes that an EIS is not required, the agency must engage in "scoping."

(True/False)
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The Council on Environmental Quality is a four-member advisory group to the EPA.

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Lostowne was economically depressed until Sally's Firecracker Corp. moved its factory there. Test explosions and the acrid smell of sulfur then interfered with Bob's enjoyment of the old family home. Bob sues Sally for nuisance and seeks a court-ordered injunction to close down the factory. In determining whether the injunction is appropriate, the court will:

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