Question 1

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

Accepted Answer

A)  the EPA. 
B)  the Army Corps of Engineers. 
C)  an individual state. 
D)  Any of these. 
A)  the EPA. 
B)  the Army Corps of Engineers. 
C)  an individual state. 
D)  Any of these. D

Question 2

A nonpoint source is land use that causes pollution.

Accepted Answer

A) True 
 B)False  True

Question 3

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 liability not based on fault. In the environmental area, persons may be involved in abnormally dangerous activities for which the court may hold them liable should damage to others occur. 
b. The elements of strict liability that the plaintiff must establish are: 
(a) The defendant is involved in an unduly dangerous activity. 
(b) That the location of the activity is inappropriate. 
(c) That the plaintiff has suffered damage because of this activity.

Question 4

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 5

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?

Accepted Answer

The environmental manager will need to s

Question 6

NEPA requires that the EIS contain:

Accepted Answer

A)  an analysis of the relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity. 
B)  reversible and retrievable commitments of resources involved. 
C)  only a brief outline of the adverse environmental effects of a proposed action. 
D)  All of these. 
A)  an analysis of the relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity. 
B)  reversible and retrievable commitments of resources involved. 
C)  only a brief outline of the adverse environmental effects of a proposed action. 
D)  All of these.

Question 7

There is currently a law promoting the purchase, development, and use of industrially polluted property.

Accepted Answer

A) True 
 B)False

Question 8

The CEQ requires that federal agencies make environmental assessments that are major, lengthy studies of potential environmental destruction.

Accepted Answer

A) True 
 B)False

Question 9

For an activity to be treated as a public nuisance there must be some interference with the health, safety, or comfort of the public.

Accepted Answer

A) True 
 B)False

Question 10

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

Accepted Answer

A) True 
 B)False

Question 11

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 12

Which of the following is true of PSD areas under the Clean Air Act?

Accepted Answer

A)  Only limited increase in air pollution is allowed. 
B)  New construction of a major stationary source requires a permit from the state. 
C)  To receive a permit, a new source must show it will use the best control technology available. 
D)  All of these. 
E)  None of these. 
A)  Only limited increase in air pollution is allowed. 
B)  New construction of a major stationary source requires a permit from the state. 
C)  To receive a permit, a new source must show it will use the best control technology available. 
D)  All of these. 
E)  None of these.

Question 13

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.

Accepted Answer

A) True 
 B)False

Question 14

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 15

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 16

CERCLA is an act that:

Accepted Answer

A)  Regulates current and future generation, transportation, and disposal of hazardous waste. 
B)  Provides limited authority for the cleanup of inactive and abandoned hazardous waste sites. 
C)  Requires the federal government to establish a National Contingency Plan. 
D)  Both  regulates current and future generation, transportation, and disposal of hazardous waste and also  provides limited authority for the cleanup of inactive and abandoned hazardous waste sites. 
A)  Regulates current and future generation, transportation, and disposal of hazardous waste. 
B)  Provides limited authority for the cleanup of inactive and abandoned hazardous waste sites. 
C)  Requires the federal government to establish a National Contingency Plan. 
D)  Both  regulates current and future generation, transportation, and disposal of hazardous waste and also  provides limited authority for the cleanup of inactive and abandoned hazardous waste sites.

Question 17

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 18

The Council on Environmental Quality is a four-member advisory group to the EPA.

Accepted Answer

A) True 
 B)False

Question 19

The CERCLA trust fund is financed by a:

Accepted Answer

A)  tax on chemical feedstocks. 
B)  surtax on businesses with annual incomes over $2 million. 
C)  tax on petroleum. 
D)  All of these. 
A)  tax on chemical feedstocks. 
B)  surtax on businesses with annual incomes over $2 million. 
C)  tax on petroleum. 
D)  All of these.

Question 20

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

Accepted Answer

A) True 
 B)False

Exam 45: Environmental Law

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

A nonpoint source is land use that causes pollution.

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

NEPA requires that the EIS contain:

There is currently a law promoting the purchase, development, and use of industrially polluted property.

The CEQ requires that federal agencies make environmental assessments that are major, lengthy studies of potential environmental destruction.

For an activity to be treated as a public nuisance there must be some interference with the health, safety, or comfort of the public.

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

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

Which of the following is true of PSD areas under the Clean Air Act?

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.

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

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.

CERCLA is an act that:

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

The Council on Environmental Quality is a four-member advisory group to the EPA.

The CERCLA trust fund is financed by a:

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

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