Exam 21: Environmental Law

In Responsible Economic Development v. S.C. Dept. of Health & Enviro. Control, where an environmental group contested a permit for Wal-Mart to handle parking lot storm water runoff, the court held that the runoff would damage nearby wetlands, so the state would have to reconsider the permit it had issued.

Under the Toxic Substances Control Act, the EPA keeps track of:

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. During the course of its construction, Happy Feet disrupts and largely destroys the habitat of the extremely rare Montana kuhl. This action may subject Happy Feet to a lawsuit under:

Lead is a major air pollutant regulated under the Clean Air Act.

The most important federal legislation dealing with environmental protection for wildlife is the Marine Mammal Protection Act.

Until the early 1970s environmental pollution was not subject to EPA regulation. Which entity was primarily responsible for pollution litigation?

Ozone is a major air pollutant regulated under the Clean Air Act.

Under the Endangered Species Act, the ____ is authorized to declare species of animal or plant life endangered.

Which of the following things could lead to a reduction in penalties imposed on a company for violation of environmental statutes:

Federal law that deals with pesticide registration is:

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

Under riparian water law, people who live along rivers and other bodies of water have the right to use the water in reasonable amounts but must allow the water to flow downstream:

In the 1907 case Georgia v. Tennessee Copper Co., the Supreme Court held that a smelter had to control its pollution, otherwise it could be enjoined to stop operations because it was harming people in Georgia.

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. If Janet were to sue Happy Feet for trespass of her property, she would need to prove:

National Pollution Discharge Elimination system permits:

In Massachusetts v. EPA, Massachusetts and other states sued the EPA for not regulating vehicle emissions that may contribute to greenhouse gases. The Supreme Court held that unless Congress orders such emissions to be regulated, there is nothing EPA can do.

The Endangered Species Act imposes its obligations only on public projects and not on private land owners.

Hazardous wastes undergo changes in their physical, chemical, or biological nature to make them less hazardous at:

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. The land, which Eldercare got cheap, could turn out to be expensive to prepare for construction because it is likely to be what is known as:

Citizens have the right, under the Clean Water Act, to sue polluters who have not been adequately controlled by the EPA.