Question 1

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

Accepted Answer

A) True 
 B)False

Question 2

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

Accepted Answer

A)  The United States and 23 other countries signed it. 
B)  It was not signed by the United States but was signed by 23 other countries. 
C)  It is a treaty that requires all signatories to reduce their production and consumption of all chemicals. 
D)  It is a treaty that requires all signatories to reduce their production and consumption of only CFC's. 
E)  The United States and 23 other countries signed it as  a treaty requiring all signatories to reduce their production and consumption of all chemicals. 
A)  The United States and 23 other countries signed it. 
B)  It was not signed by the United States but was signed by 23 other countries. 
C)  It is a treaty that requires all signatories to reduce their production and consumption of all chemicals. 
D)  It is a treaty that requires all signatories to reduce their production and consumption of only CFC's. 
E)  The United States and 23 other countries signed it as  a treaty requiring all signatories to reduce their production and consumption of all chemicals.

Question 3

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

Accepted Answer

A) True 
 B)False

Question 4

What are the two major issues that the NEPA (National Environmental Policy Act) addresses?

Accepted Answer

The NEPA has two major substantive secti

Question 5

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 6

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.

Accepted Answer

A) True 
 B)False

Question 7

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 8

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

Accepted Answer

A) True 
 B)False

Question 9

To establish trespass to land, a plaintiff:

Accepted Answer

A)  must show an invasion that interferes with the plaintiff's right of exclusive possession of property that is at least an indirect result of the defendant's actions. 
B)  need not show the plaintiff's right to exclusive possession, but must show that the defendant's actions were unreasonable. 
C)  must show an invasion that interferes with the plaintiff's right of exclusive possession of property and that it is a direct result of the defendant's actions. 
D)  need not show the plaintiff's right to exclusive possession. 
A)  must show an invasion that interferes with the plaintiff's right of exclusive possession of property that is at least an indirect result of the defendant's actions. 
B)  need not show the plaintiff's right to exclusive possession, but must show that the defendant's actions were unreasonable. 
C)  must show an invasion that interferes with the plaintiff's right of exclusive possession of property and that it is a direct result of the defendant's actions. 
D)  need not show the plaintiff's right to exclusive possession.

Question 10

The scope of an EIS:

Accepted Answer

A)  does not apply to psychological effects. 
B)  does not apply to the urban environment. 
C)  is narrowly construed. 
D)  applies to a broad range of types of effects. 
A)  does not apply to psychological effects. 
B)  does not apply to the urban environment. 
C)  is narrowly construed. 
D)  applies to a broad range of types of effects.

Question 11

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

Accepted Answer

A) True 
 B)False

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

The Clean Air Act requires the EPA Administrator to do what, regarding new stationary sources?

Accepted Answer

A)  Establish federal standards of performance that reflect the best technological system of emission reduction. 
B)  Establish performance standards that will match emissions from existing sources. 
C)  Allow no discharge of any pollutants. 
D)  All of these. 
A)  Establish federal standards of performance that reflect the best technological system of emission reduction. 
B)  Establish performance standards that will match emissions from existing sources. 
C)  Allow no discharge of any pollutants. 
D)  All of these.

Question 14

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 15

The RCRA was enacted by Congress:

Accepted Answer

A)  to provide a comprehensive scheme of treatment for hazardous solid waste. 
B)  and established a manifest system to be used by generators. 
C)  and gave states the primary responsibility for hazardous waste. 
D)  Both to provide a comprehensive scheme of treatment for hazardous solid waste   and also established a manifest system to be used by generators. 
E)  Established a manifest system to be used by generators and also  gave states the primary responsibility for hazardous waste. 
A)  to provide a comprehensive scheme of treatment for hazardous solid waste. 
B)  and established a manifest system to be used by generators. 
C)  and gave states the primary responsibility for hazardous waste. 
D)  Both to provide a comprehensive scheme of treatment for hazardous solid waste   and also established a manifest system to be used by generators. 
E)  Established a manifest system to be used by generators and also  gave states the primary responsibility for hazardous waste.

Question 16

List and define the common law remedies for environmental damage.

Accepted Answer

Private Nuisance 
Substantial and unreas

Question 17

To establish a private nuisance, a plaintiff:

Accepted Answer

A)  must show that the defendant has substantially and unreasonably interfered with the use and enjoyment of the plaintiff's land. 
B)  must show that in an action for damages in conjunction with private nuisance, the defendant's conduct was unreasonable. 
C)  need not show that the interference was unreasonable. 
D)  need only show that the quiet enjoyment of plaintiff's land was substantially impacted. 
A)  must show that the defendant has substantially and unreasonably interfered with the use and enjoyment of the plaintiff's land. 
B)  must show that in an action for damages in conjunction with private nuisance, the defendant's conduct was unreasonable. 
C)  need not show that the interference was unreasonable. 
D)  need only show that the quiet enjoyment of plaintiff's land was substantially impacted.

Question 18

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

Accepted Answer

A)  a National Ambient Air Quality Standard. 
B)  an Environmental Impact Statement. 
C)  the bubble concept. 
D)  an Environment Interior Standards Review. 
A)  a National Ambient Air Quality Standard. 
B)  an Environmental Impact Statement. 
C)  the bubble concept. 
D)  an Environment Interior Standards Review.

Question 19

The most important federal statute(s) governing hazardous substances include(s):

Accepted Answer

A)  SARA. 
B)  CEQ. 
C)  FIFRA. 
D)  Both CEQ and FIFRA. 
E)  Both SARA and FIFRA. 
A)  SARA. 
B)  CEQ. 
C)  FIFRA. 
D)  Both CEQ and FIFRA. 
E)  Both SARA and FIFRA.

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

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

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

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

What are the two major issues that the NEPA (National Environmental Policy Act) addresses?

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.

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.

Which of the following best describes the manifest system?

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

To establish trespass to land, a plaintiff:

The scope of an EIS:

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

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

The Clean Air Act requires the EPA Administrator to do what, regarding new stationary sources?

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

The RCRA was enacted by Congress:

List and define the common law remedies for environmental damage.

To establish a private nuisance, a plaintiff:

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

The most important federal statute(s) governing hazardous substances include(s):

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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