Question 1

R-T, Inc. must notify the EPA before it manufactures a new chemical, and the EPA administrator may limit or prohibit the chemical's manufacture or distribution.

Accepted Answer

A) True 
 B)False

Question 2

Private tort actions have been quite successful in controlling environmental damage.

Accepted Answer

A) True 
 B)False

Question 3

Which of the following is true about the regulation of pesticide use by the EPA?

Accepted Answer

A)  To be legally registered a pesticide must perform its intended function without posing unreasonable risk to humans or the environment. 
B)  The EPA may balance the economic and social costs of use of a pesticide in deciding whether to register it. 
C)  Once a pesticide is registered the registration cannot be canceled for five years. 
D)  To be legally registered a pesticide must perform its intended function without posing unreasonable risk to humans or the environment  and also t he EPA may balance the economic and social costs of use of a pesticide in deciding whether to register it. 
E)  To be legally registered a pesticide must perform its intended function without posing unreasonable risk to humans or the environment  and also o nce a pesticide is registered the registration cannot be canceled for five years. 
A)  To be legally registered a pesticide must perform its intended function without posing unreasonable risk to humans or the environment. 
B)  The EPA may balance the economic and social costs of use of a pesticide in deciding whether to register it. 
C)  Once a pesticide is registered the registration cannot be canceled for five years. 
D)  To be legally registered a pesticide must perform its intended function without posing unreasonable risk to humans or the environment  and also t he EPA may balance the economic and social costs of use of a pesticide in deciding whether to register it. 
E)  To be legally registered a pesticide must perform its intended function without posing unreasonable risk to humans or the environment  and also o nce a pesticide is registered the registration cannot be canceled for five years.

Question 4

The Resource Conservation and Recovery Act ( RCRA) was enacted by Congress:

Accepted Answer

A)  to provide a comprehensive scheme of treatment for hazardous air emissions. 
B)  and establishes a manifest system to be used by generators of hazardous waste. 
C)  but gives the states the primary responsibility for hazardous solid waste. 
D)  as a part of the Paris Agreements . 
A)  to provide a comprehensive scheme of treatment for hazardous air emissions. 
B)  and establishes a manifest system to be used by generators of hazardous waste. 
C)  but gives the states the primary responsibility for hazardous solid waste. 
D)  as a part of the Paris Agreements .

Question 5

A nonpoint source is land use that causes pollution.

Accepted Answer

A) True 
 B)False

Question 6

To establish trespass to land, a plaintiff must show interference with the right of exclusive possession of the property.

Accepted Answer

A) True 
 B)False

Question 7

In suing to recover for environmental damage under the common law, plaintiffs generally have had causes of action in:

Accepted Answer

A)  nuisance. 
B)  trespass. 
C)  strict liability. 
D)  All of these. 
A)  nuisance. 
B)  trespass. 
C)  strict liability. 
D)  All of these.

Question 8

a. Is strict liability a legal concept available for environmental lawsuits? Why or why not? 
b. If strict liability is a concept used in environmental cases, what are the elements that the plaintiff must prove?

Accepted Answer

a. Strict liability is a type of tort li

Question 9

Which of the following statement(s) is true concerning the Montreal Protocol on Substances that Deplete the Ozone Layer?

Accepted Answer

A)  At least 213 countries have ratified it. 
B)  It was not signed by the United States. 
C)  It requires all signatories to reduce their production and consumption of all chemicals. 
D)  It requires all signatories to reduce their production and consumption of only CFC's. 
A)  At least 213 countries have ratified it. 
B)  It was not signed by the United States. 
C)  It requires all signatories to reduce their production and consumption of all chemicals. 
D)  It requires all signatories to reduce their production and consumption of only CFC's.

Question 10

The 1990 Clean Air Act Amendments provide that EPA must establish new NAAQS for major pollutants every five years.

Accepted Answer

A) True 
 B)False

Question 11

Jones went to C & C Bank to apply for a loan on a home he wanted to purchase. C & C Bank loaned the money to Jones because he had excellent credit. C & C never inspected the property Jones was purchasing. Two weeks later, five rusty and leaking 55-gallon drums of a toxic substance were found buried in a creekbed in Jones' backyard. Jones and the Bank's position with regard to liability for cleanup on the property would be:

Accepted Answer

A)  that CERCLA could not impose strict liability for owners of or lenders of purchase money for contaminated property even if they acquired the property with knowledge of contamination. 
B)  that they would not be liable as innocent landowners as provided for in SARA and they would have an automatic defense. 
C)  that if the Bank and Jones made all appropriate inquiry into the previous ownership and uses of the property before purchase, they may not be liable. 
D)  that if it could be proven that neither Jones nor the bank unlawfully disposed of the toxic waste, they could not be found liable under CERCLA. 
A)  that CERCLA could not impose strict liability for owners of or lenders of purchase money for contaminated property even if they acquired the property with knowledge of contamination. 
B)  that they would not be liable as innocent landowners as provided for in SARA and they would have an automatic defense. 
C)  that if the Bank and Jones made all appropriate inquiry into the previous ownership and uses of the property before purchase, they may not be liable. 
D)  that if it could be proven that neither Jones nor the bank unlawfully disposed of the toxic waste, they could not be found liable under CERCLA.

Question 12

The Clean Water Act imposes civil penalties but not criminal penalties for violations of the Act.

Accepted Answer

A) True 
 B)False

Question 13

If the EPA determines that an SIP is not complete, the EPA must treat it as a nullity in whole.

Accepted Answer

A) True 
 B)False

Question 14

In an action for damages in a nuisance suit, the plaintiff is required to prove that the defendant's conduct is unreasonable.

Accepted Answer

A) True 
 B)False

Question 15

Agricultural and urban runoff are examples of point source pollution, which is inherently more difficult to control than nonpoint source pollution.

Accepted Answer

A) True 
 B)False

Question 16

An environmental impact statement is required by NEPA if federal legislation or action will have a significant environmental effect.

Accepted Answer

A) True 
 B)False

Question 17

The states initially had primary responsibility for controlling air pollution.

Accepted Answer

A) True 
 B)False

Question 18

What is the Council on Environmental Quality?

Accepted Answer

The CEQ is a three-member advisory group

Question 19

The  Toxic Substances Control Act includes provisions that:

Accepted Answer

A)  regulate the manufacture of new chemicals. 
B)  allow for the registration of pesticides. 
C)  require that exports be labeled "not registered for use in the United States of America." 
D)  assess treble penalties for violations. 
A)  regulate the manufacture of new chemicals. 
B)  allow for the registration of pesticides. 
C)  require that exports be labeled "not registered for use in the United States of America." 
D)  assess treble penalties for violations.

Question 20

Milly owns a car rental business that nets over $2 million. How is Milly contributing to the CERCLA trust fund?

Accepted Answer

The fund is financed by surtax on busine

Exam 45: Environmental Law

R-T, Inc. must notify the EPA before it manufactures a new chemical, and the EPA administrator may limit or prohibit the chemical's manufacture or distribution.

Private tort actions have been quite successful in controlling environmental damage.

Which of the following is true about the regulation of pesticide use by the EPA?

The Resource Conservation and Recovery Act ( RCRA) was enacted by Congress:

A nonpoint source is land use that causes pollution.

To establish trespass to land, a plaintiff must show interference with the right of exclusive possession of the property.

In suing to recover for environmental damage under the common law, plaintiffs generally have had causes of action in:

a. Is strict liability a legal concept available for environmental lawsuits? Why or why not? b. If strict liability is a concept used in environmental cases, what are the elements that the plaintiff must prove?

Which of the following statement(s) is true concerning the Montreal Protocol on Substances that Deplete the Ozone Layer?

The 1990 Clean Air Act Amendments provide that EPA must establish new NAAQS for major pollutants every five years.

The Clean Water Act imposes civil penalties but not criminal penalties for violations of the Act.

If the EPA determines that an SIP is not complete, the EPA must treat it as a nullity in whole.

In an action for damages in a nuisance suit, the plaintiff is required to prove that the defendant's conduct is unreasonable.

Agricultural and urban runoff are examples of point source pollution, which is inherently more difficult to control than nonpoint source pollution.

An environmental impact statement is required by NEPA if federal legislation or action will have a significant environmental effect.

The states initially had primary responsibility for controlling air pollution.

What is the Council on Environmental Quality?

The Toxic Substances Control Act includes provisions that:

Milly owns a car rental business that nets over $2 million. How is Milly contributing to the CERCLA trust fund?

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

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