Exam 45: Environmental Law

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

Because private causes of action have proved to be inadequate to recompense and prevent environmental damage, the federal, state, and local governments have enacted statutes designed to protect the environment.

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:

To qualify as an innocent landowner under SARA, a person must have, at the time of acquiring the property, asked about the previous ownership and uses of the property.

The states initially had primary responsibility for controlling air pollution.

The FIFRA registration is legal only if:

The EPA may impose criminal fines and seek incarceration or imprisonment for persons who are convicted of violations of some environmental laws.

Which of the following is not true about chlorofluorocarbons (CFCs)?

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

TSCA includes provisions that:

A lightning strike causes an explosion at Johnson's Oil refinery, which was located close to Maintown. Fumes from the resulting fires at the plant have sent the nearby townspeople to the hospital for severe respiratory distress. Johnson's Oil will be liable for the townspeople's injuries directly resulting from the fumes.