Exam 21: Environmental Law

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

An example of water pollution from a nonpoint source would be runoff from local streets.

Prior to passage of the Clean Air Act, the Clean Water Act, and other regulatory statutes in the 1970s, the most important protection for the environment came from:

The Clean Air Act established specific procedures for:

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

State Implementation Plans for air pollution must be amended when the EPA changes its pollution standards.

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

To implement and enforce federal environmental mandates, Congress authorized and empowered the EPA.

In In re Polar Bear Endangered Species Act Listing, the listing of the polar bear as a threatened specie was challenged. It is not endangered today but could be in the future. The listing by the Fish and Wildlife Service (FWS) was attacked as arbitrary and capricious. The appeals court held that unless a specie can be shown to be threatened or endangered now it could not be listed

X Corp. dumps run-off from its parking lots and storage lots around its candy factory into the Seneca River. The citizens of Henderson, located on the river downstream, wish to stop the discharge. The common law rule under which the citizens are most likely to be successful is:

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

Which of the following is not a part of the Clean Water Act:

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 sues Happy Feet under the common law, she will most likely sue for:

Criminal violations of federal environmental laws result in about a hundred convictions annually.

The Kyoto treaty on greenhouse gas reduction concerning global warming:

The National Ambient Air Quality Standards focus on six outdoor pollutants.

The developed nations of the world agreed to ozone protection by eliminating CFC's. To do this, they set up a fund to:

The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is very popular with local people in Africa who live near the species.

A ____ is an unreasonable interference with a right held in common by the public.

Areas with air of better quality than required by the NAAQS are called: