Question 1

Prevention of Significant Deterioration areas include national parks and wilderness areas.

Accepted Answer

A) True 
 B)False

Question 2

Under the ____, the EPA and state environmental agencies require industrial polluters to list he amount and type of their discharges.

Accepted Answer

A)  National Pollutant Control System 
B)  National Chemical in Waterways Elimination System 
C)  National Clean Water Plan 
D)  National Dirty Water Elimination System 
E)  none of the other choices are correct 
A)  National Pollutant Control System 
B)  National Chemical in Waterways Elimination System 
C)  National Clean Water Plan 
D)  National Dirty Water Elimination System 
E)  none of the other choices are correct

Question 3

Criminal violations of federal environmental laws are possible but almost never occur in practice.

Accepted Answer

A) True 
 B)False

Question 4

In Boomer v. Atlantic Cement, where a cement plant polluted nearby homes, the court's decision contrasted with the decision in Whalen v. Union Bag & Paper Co., where a paper mill polluted a farmer's creek so he sued to stop the pollution because:

Accepted Answer

A)  in Whalen there was no comparison of costs and benefits while in Boomer the court compared the economic costs and benefits of an injunction 
B)  in Boomer there was no comparison of costs and benefits while in Whalen the court compared the economic costs and benefits of an injunction 
C)  in Whalen the court decided that the farmer had more economic impact than the plant and so found in favor of him, while in Boomer it found in favor of the home owners even though the cement plant had more economic impact 
D)  in Whalen the court decided that the farmer had less economic impact than the plant and so found in favor of the plant, while in Boomer it found in favor of the home owners even though the cement plant had more economic impact 
E)  there was no contrast in the court's decision in the two cases because it found for the defendants in both cases due to economic cost-benefit analysis 
A)  in Whalen there was no comparison of costs and benefits while in Boomer the court compared the economic costs and benefits of an injunction 
B)  in Boomer there was no comparison of costs and benefits while in Whalen the court compared the economic costs and benefits of an injunction 
C)  in Whalen the court decided that the farmer had more economic impact than the plant and so found in favor of him, while in Boomer it found in favor of the home owners even though the cement plant had more economic impact 
D)  in Whalen the court decided that the farmer had less economic impact than the plant and so found in favor of the plant, while in Boomer it found in favor of the home owners even though the cement plant had more economic impact 
E)  there was no contrast in the court's decision in the two cases because it found for the defendants in both cases due to economic cost-benefit analysis

Question 5

Hardy makes pesticides. Run-off from its factory goes into gullies that run into Cane Creek, a trickle of water that rarely has fish in it and it is not used for recreation. Part of the year, the creek runs into a river. The outcome of EPA's regulation of Hardy's pollution would be:

Accepted Answer

A)  because the gullies and Cane Creek are not navigable waterways as required by the Clean Water Act, pollution into them does not fall under EPA jurisdiction 
B)  because wastes are discharged into gullies that eventually run into a navigable waterway, the EPA has jurisdiction 
C)  because the creek is not in constant connection to a navigable waterway, the EPA lacks jurisdiction 
D)  if a waterway is not be navigable per se, it does not fall within the jurisdiction of Clean Water Act 
E)  because the discharges are toxic, the emissions are under the 1990 Clean Air Act 
A)  because the gullies and Cane Creek are not navigable waterways as required by the Clean Water Act, pollution into them does not fall under EPA jurisdiction 
B)  because wastes are discharged into gullies that eventually run into a navigable waterway, the EPA has jurisdiction 
C)  because the creek is not in constant connection to a navigable waterway, the EPA lacks jurisdiction 
D)  if a waterway is not be navigable per se, it does not fall within the jurisdiction of Clean Water Act 
E)  because the discharges are toxic, the emissions are under the 1990 Clean Air Act

Question 6

Fact Pattern 18-2
Eldercare Hospital has acquired twenty acres of land in south Dallas, the poor side of the city, to build a facility that will provide care primarily for the elderly residents of that part of the city. The land had been used for various industrial purposes, including an oil transfer station, but had been abandoned for over thirty years. Dallas is a city that is always on the margin of violating the air quality standards that apply to it.
-Refer to Fact Pattern 18-2. When the property is surveyed, it is discovered that there is a rare beetle that lives on the land, as it enjoys the oily soil. The presence of the endangered beetle on the land means:

Accepted Answer

A)  the land must be cleaned up regardless of the beetle; Superfund takes priority over endangered species considerations. 
B)  nothing to other considerations; endangered species habitat is only a matter of concern on public lands. 
C)  Eldercare will have to leave the property untouched as it is habitat as required by the Endangered Species Act. 
D)  Eldercare is likely to have to modify construction plans or provide other habitat for the beetle to comply with the Endangered Species Act. 
E)  nothing, as insects are not covered by the Endangered Species Act. 
A)  the land must be cleaned up regardless of the beetle; Superfund takes priority over endangered species considerations. 
B)  nothing to other considerations; endangered species habitat is only a matter of concern on public lands. 
C)  Eldercare will have to leave the property untouched as it is habitat as required by the Endangered Species Act. 
D)  Eldercare is likely to have to modify construction plans or provide other habitat for the beetle to comply with the Endangered Species Act. 
E)  nothing, as insects are not covered by the Endangered Species Act.

Question 7

To grow cranberries, Eva used a wet area on her property. When cranberries were linked to cancer and the market for cranberries collapsed, Eva wanted to drain the wet area to be able to raise goats because goat cheese is popular. To make this change Eva must:

Accepted Answer

A)  obtain permission from the state of Massachusetts to stop growing cranberries 
B)  obtain permission from the Department of Agriculture to stop growing cranberries 
C)  obtain a license from the Department of the Interior to develop a goat farm 
D)  obtain a permit from the U.S. Army Corps of Engineers 
E)  Eva does not need to do anything; she may change her farm however she wants 
A)  obtain permission from the state of Massachusetts to stop growing cranberries 
B)  obtain permission from the Department of Agriculture to stop growing cranberries 
C)  obtain a license from the Department of the Interior to develop a goat farm 
D)  obtain a permit from the U.S. Army Corps of Engineers 
E)  Eva does not need to do anything; she may change her farm however she wants

Question 8

Which of the following is not a major pollutant regulated by the Clean Air Act:

Accepted Answer

A)  ozone 
B)  sulfur dioxide 
C)  dihydrogen monoxide 
D)  carbon monoxide 
E)  nitrogen oxide 
A)  ozone 
B)  sulfur dioxide 
C)  dihydrogen monoxide 
D)  carbon monoxide 
E)  nitrogen oxide

Question 9

A polluter who discharges toxic chemical wastes on the ground or into water is strictly liable for damage to a neighbor's water supply.

Accepted Answer

A) True 
 B)False

Question 10

In Loveladies Harbor v. U.S., regarding an Army Corps decision prohibiting further construction in a real estate area, the Circuit Court held that:

Accepted Answer

A)  a construction site qualified as a protected wetland 
B)  a housing unit was located on top of an endangered marsh area 
C)  the federal government had to pay a landowner for taking away its ability to develop land 
D)  the federal government had illegally destroyed a wetland 
E)  the presence of even a few geese indicated that a construction site was a wetland 
A)  a construction site qualified as a protected wetland 
B)  a housing unit was located on top of an endangered marsh area 
C)  the federal government had to pay a landowner for taking away its ability to develop land 
D)  the federal government had illegally destroyed a wetland 
E)  the presence of even a few geese indicated that a construction site was a wetland

Question 11

Which of the following is a major pollutant regulated by the Clean Air Act:

Accepted Answer

A)  lead 
B)  nitrogen oxide 
C)  ozone 
D)  carbon monoxide 
E)  all of the other specific choices are major pollutants 
A)  lead 
B)  nitrogen oxide 
C)  ozone 
D)  carbon monoxide 
E)  all of the other specific choices are major pollutants

Question 12

Which of the following is an environmental issue that must be dealt with at the international scale:

Accepted Answer

A)  the ozone layer 
B)  the marine environment 
C)  habitat destruction 
D)  global climate change 
E)  all of the other specific choices are correct 
A)  the ozone layer 
B)  the marine environment 
C)  habitat destruction 
D)  global climate change 
E)  all of the other specific choices are correct

Question 13

The public welfare effects of a pollutant's NAAQS do NOT include which of the following:

Accepted Answer

A)  impact on plants 
B)  impact on economic activity 
C)  impact on soil 
D)  impact on constructed surfaces 
E)  all of the other specific choices are included 
A)  impact on plants 
B)  impact on economic activity 
C)  impact on soil 
D)  impact on constructed surfaces 
E)  all of the other specific choices are included

Question 14

If a state designates a body of water for recreation:

Accepted Answer

A)  treated water dumped into the lake must be clean enough to drink 
B)  treated water dumped into the lake must be clean enough not to contaminate swimmers or fish 
C)  treated water dumped into the lake must be clean enough not to harm boat engines 
D)  water need not be treated before being dumped in 
E)  only substance known to cause cancer must be removed before water is dumped in 
A)  treated water dumped into the lake must be clean enough to drink 
B)  treated water dumped into the lake must be clean enough not to contaminate swimmers or fish 
C)  treated water dumped into the lake must be clean enough not to harm boat engines 
D)  water need not be treated before being dumped in 
E)  only substance known to cause cancer must be removed before water is dumped in

Question 15

Which of the following is a major pollutant regulated by the Clean Air Act:

Accepted Answer

A)  sulfur dioxide 
B)  particulates 
C)  ozone 
D)  carbon monoxide 
E)  all of the other specific choices are major pollutants 
A)  sulfur dioxide 
B)  particulates 
C)  ozone 
D)  carbon monoxide 
E)  all of the other specific choices are major pollutants

Question 16

In pollution cases involving strict liability for abnormally dangerous activities, courts have found which of the following activities to be abnormally dangerous:

Accepted Answer

A)  crop dusting 
B)  leakage of chemicals into ground water 
C)  storing of flammable liquids in quantity in a populated area 
D)  emitting of noxious gases by factories 
E)  all of the other specific choices are correct 
A)  crop dusting 
B)  leakage of chemicals into ground water 
C)  storing of flammable liquids in quantity in a populated area 
D)  emitting of noxious gases by factories 
E)  all of the other specific choices are correct

Question 17

If a state designates a body of water for recreation:

Accepted Answer

A)  treated water dumped into the lake must be clean enough to drink 
B)  only substance known to cause cancer must be removed before water is dumped in 
C)  treated water dumped into the lake must be clean enough not to harm boat engines 
D)  water need not be treated before being dumped in 
E)  none of the other choices are correct 
A)  treated water dumped into the lake must be clean enough to drink 
B)  only substance known to cause cancer must be removed before water is dumped in 
C)  treated water dumped into the lake must be clean enough not to harm boat engines 
D)  water need not be treated before being dumped in 
E)  none of the other choices are correct

Question 18

Rachel Carson's publication of "Silent Spring" increased public awareness of environmental concerns in the:

Accepted Answer

A)  early 1940s 
B)  late 1950s 
C)  1960s 
D)  Rachel Carson's book had no effect on public awareness of environmental concerns 
E)  none of the other choices are correct 
A)  early 1940s 
B)  late 1950s 
C)  1960s 
D)  Rachel Carson's book had no effect on public awareness of environmental concerns 
E)  none of the other choices are correct

Question 19

Water emission standards are set by the EPA individually for each industry.

Accepted Answer

A) True 
 B)False

Question 20

The new source performance standards for reducing air and water pollution apply to:

Accepted Answer

A)  new plants or new sources of pollution 
B)  plants or sources of pollution in existence prior to the passage of the Clean Water Act 
C)  plants or sources of pollution built after the passage of the Clean Water Act 
D)  plants that employ more than 50 people 
E)  plants with more than $50,000 in government contracts 
A)  new plants or new sources of pollution 
B)  plants or sources of pollution in existence prior to the passage of the Clean Water Act 
C)  plants or sources of pollution built after the passage of the Clean Water Act 
D)  plants that employ more than 50 people 
E)  plants with more than $50,000 in government contracts

Exam 21: Environmental Law

Prevention of Significant Deterioration areas include national parks and wilderness areas.

Under the ____, the EPA and state environmental agencies require industrial polluters to list he amount and type of their discharges.

Criminal violations of federal environmental laws are possible but almost never occur in practice.

In Boomer v. Atlantic Cement, where a cement plant polluted nearby homes, the court's decision contrasted with the decision in Whalen v. Union Bag & Paper Co., where a paper mill polluted a farmer's creek so he sued to stop the pollution because:

Hardy makes pesticides. Run-off from its factory goes into gullies that run into Cane Creek, a trickle of water that rarely has fish in it and it is not used for recreation. Part of the year, the creek runs into a river. The outcome of EPA's regulation of Hardy's pollution would be:

To grow cranberries, Eva used a wet area on her property. When cranberries were linked to cancer and the market for cranberries collapsed, Eva wanted to drain the wet area to be able to raise goats because goat cheese is popular. To make this change Eva must:

Which of the following is not a major pollutant regulated by the Clean Air Act:

A polluter who discharges toxic chemical wastes on the ground or into water is strictly liable for damage to a neighbor's water supply.

In Loveladies Harbor v. U.S., regarding an Army Corps decision prohibiting further construction in a real estate area, the Circuit Court held that:

Which of the following is a major pollutant regulated by the Clean Air Act:

Which of the following is an environmental issue that must be dealt with at the international scale:

The public welfare effects of a pollutant's NAAQS do NOT include which of the following:

If a state designates a body of water for recreation:

Which of the following is a major pollutant regulated by the Clean Air Act:

In pollution cases involving strict liability for abnormally dangerous activities, courts have found which of the following activities to be abnormally dangerous:

If a state designates a body of water for recreation:

Rachel Carson's publication of "Silent Spring" increased public awareness of environmental concerns in the:

Water emission standards are set by the EPA individually for each industry.

The new source performance standards for reducing air and water pollution apply to:

Todays Business Environment: Law and Ethics

The Court Systems

Trials and Resolving Disputes

The Constitution: Focus on Application to Business

Criminal Law and Business

Elements of Torts

Business Torts and Product Liability

Real and Personal Property

Intellectual Property

Contracts

Domestic and International Sales

Business Organizations

Negotiable Instruments, Credit, and Bankruptcy

Agency and the Employment Relationship

Employment and Labor Regulations

Employment Discrimination

The Regulatory Process

Securities Regulation

Consumer Protection

Antitrust Law

The International Legal Environment of Business

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