Exam 21: Environmental Law

Wetlands mitigation banking is:

Ozone depletion at high levels in the atmosphere is caused by:

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

Businesses that wish to build new plants in nonattainment areas must agree to use the Highest Achievable Rate of Emissions (HARE) before EPA will permit the building.

The principal difference between a public and private nuisance is often the number of people affected.

Which of the following is an effect of the depletion of the ozone layer:

The Army Corps of Engineers has primary responsibility for controlling the use of wetlands.

A trespass is defined as:

In a case at common law for trespass, which is necessary?

Which of the following actions requires a permit under the Clean Water Act:

One of the factors contributing to the high levels of pollution in China is:

Under the Endangered Species Act, the ____ is authorized to establish critical habitat for endangered species.

To protect themselves from having to pay for hazardous waste cleanup for waste generated by a previous owner, many potential property buyers have a(n) ____ performed on the property they wish to purchase.

Best conventional technology is an emission standard for:

Under the common law, courts deciding pollution cases would require a plaintiff to prove:

If the EPA determines that a pollutant is a threat to public health or the environment:

Congress allocates several billion dollars a year to EPA to purchase habitat for endangered species protection.

Public awareness of the effect of pollution on the environment increased during the 1960s, in part due to:

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 a Montana court were to follow the decision reached by the New York court in Whalen v. Union Bag & Paper Co., the Montana court would probably hold that Janet could:

Before the 1970s there were no major federal laws concerning environmental protection.