Question 1

What is the Council on Environmental Quality?

Accepted Answer

The CEQ is a three-member advisory group

Question 2

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 3

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

Accepted Answer

A) True 
 B)False

Question 4

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 5

The EPA may not impose civil fines.

Accepted Answer

A) True 
 B)False

Question 6

An approved SIP is treated as both state and federal law, enforceable by either its state of implementation or the federal government.

Accepted Answer

A) True 
 B)False

Question 7

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 8

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

Accepted Answer

A) True 
 B)False

Question 9

The 1990 amendments to the Clean Air Act:

Accepted Answer

A)  require the EPA to decide whether an SIP is complete; if it is, the EPA must approve or disapprove the plan within six months. 
B)  attempt to halt environmental destruction caused by acid rain. 
C)  do not permit utilities to sell their emission allowances. 
D)  allot sulfur dioxide emission allowances to utilities based on the "bubble concept." 
A)  require the EPA to decide whether an SIP is complete; if it is, the EPA must approve or disapprove the plan within six months. 
B)  attempt to halt environmental destruction caused by acid rain. 
C)  do not permit utilities to sell their emission allowances. 
D)  allot sulfur dioxide emission allowances to utilities based on the "bubble concept."

Question 10

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

Accepted Answer

A) True 
 B)False

Question 11

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

Accepted Answer

These problems include the high costs of

Question 12

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

Accepted Answer

A) True 
 B)False

Question 13

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 14

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 15

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

Accepted Answer

A) True 
 B)False

Question 16

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 17

What is the purpose of the Montreal Protocol?

Accepted Answer

The purpose of the Montreal Protocol is

Question 18

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 19

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 20

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.

Accepted Answer

A) True 
 B)False

Exam 45: Environmental Law

What is the Council on Environmental Quality?

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

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

The EPA may not impose civil fines.

An approved SIP is treated as both state and federal law, enforceable by either its state of implementation or the federal government.

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

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

The 1990 amendments to the Clean Air Act:

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

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

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

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

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

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

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

What is the purpose of the Montreal Protocol?

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

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

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.

Introduction to Law

Business Ethics

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Constitutional Law

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Intentional Torts

Negligence and Strict Liability

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

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Performance, Breach, and Discharge

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Secured Transactions and Suretyship

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