Exam 21: Environmental Law

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 held that:

Each year about 100 environmental offenses have been dealt with by government officials by:

Which of the following is one of the four major external environmental problems that the EPA has primary responsibility for:

The primary effect of Rachel Carson's book "Silent Spring" was to:

Under the Clean Water Act, dumping pollutants into navigable waters:

When a new source of pollution is created it is subject to best available technology standards.

A trespass occurs when there is a non-physical invasion of someone's personal belongings.

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. If the land is declared to be a Superfund site because of old industrial pollution, the cost of the clean up:

To help enforce the Clean Air Act, in some cases besides EPA enforcement there may be:

Waste water that contains toxic or unconventional pollutants is subject to best available technology control standards.

New plants may be built in Prevention of Significant Deterioration (PSD) areas if the:

Under ____ 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 usable form.

The definition of what qualifies as an endangered or threatened specie is based on principles of biology that must be closely followed.

The principal difference between trespass and nuisance is that a trespass occurs whenever there is a physical invasion of plaintiff's property.

The Clean Water Act orders the EPA to set a technical standard for pollution control for each industry.

The National Ambient Air Quality Standards are based on plant locations, pollution control cost, reasonableness of pollution, and similar factors.

Prevention of Significant Deterioration (PSD) areas under the Clean Air Act:

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

Every State Implementation Plan for air quality must include:

The Montreal Protocol is an international agreement to restrict production of CFCs, chemicals that destroy the upper-atmosphere ozone layer.