Exam 21: Environmental Law

Under the Clean Air Act, nonattainment areas:

In pollution cases, a ____ is a substantial and unreasonable interference with the use and enjoyment of the land of another.

Firms that have water pollution permits must monitor their own performance and file what are called:

The U.S. Sentencing Guidelines allow punishment for environmental crimes to be lessened if a company has a record of doing which of the following:

R&G makes and sells pesticides. By statute, R&G must:

A plaintiff wishing to prove a case of strict liability for abnormally dangerous activities must show that the:

New construction in a PSD area must use best available control technology (BACT).

The main goal of the Clean Water Act of 1972 is to:

Hazardous wastes are stored until disposal or treatment at:

Fact Pattern 18-1 Jean LeFleur, owner of Happy Feet, a company that makes environmentally-sensitive foot wear, decided to move operations from Los Angeles to Bozeman, Montana. LeFleur wanted to be in an area noted for environmental quality. He built a new plant that produced oil-based sludge from its production process. The sludge could have been treated at the plant. But LeFleur decided that treatment was too costly, so the company dumped sludge into the Gallatin River, which runs through Happy Feet property. Other sludge was buried in drums in a field at night. -Refer to Fact Pattern 18-1. When LeFleur builds his new plant he will need to follow the regulations issued under:

Which of the following is NOT an environmental issue that must be dealt with at the international scale:

The Clean Air Act, which establishes federal authority to control air pollution, was passed in:

The Clinton administration did not submit the Kyoto Treaty to Congress for ratification because:

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. Eldercare will, of course, have sewage that will leave the facility. Because of this:

Air pollution permits are needed only for projects that cost more than $100 million.

In Hearts Bluff Game Ranch v. U.S., Hearts purchased a large piece of land that the Army Corps said could be used as mitigation property for wetlands purposes. Later, the state of Texas announced it was building a water reservoir that would put Hearts under water, so it could no longer be used for wetlands mitigation. Hearts sued for uncompensated taking as the property was more valuable for mitigation than under a reservoir. The appeals court held that:

In Babbitt v. Sweet Home, involving logging of areas where the spotted owl nested, the Supreme Court held that the:

Under the Clean Air Act, if a plant owner plans to build a plant in a "dirty air area" he:

Which of the following is a nonpoint source of water pollution:

The person responsible for bringing a public nuisance case against a polluter is: