Exam 21: Environmental Law

Under the U.S. Sentencing Guidelines, companies that violate environmental laws may face reduced penalties if they have an internal environmental compliance program.

Under the Clean Air Act, which of the following is an example of a prevention of significant deterioration area:

The Montreal Protocol of 1987 addressed the global environmental problem of:

Under the Clean Air Act, the standards for the construction of new industrial plants depend on:

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. Janet lives 2 miles down from Happy Feet. She uses the Gallatin to water her llama herd. She noticed that water from the river has a funny odor and the llamas became sick. Under common law, what action may Janet take against Happy Feet?

Which of the following is NOT one of the four major external environmental problems that the EPA has primary responsibility for:

The EPA has primary responsibility for four major external environmental problems: air, water, land pollution, and pollution associated with products.

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

The book Silent Spring played a significant role in raising public concerns about the environment in the 1960s.

According to the Toxic Substances Control Act (TSCA), all pesticides must be tested by the EPA before they can be sold to consumers.

The Federal Insecticide, Fungicide, and Rodenticide Act was originally passed in:

The Montreal Protocol of 1987 is an international treaty dealing with the protection of whales in the open ocean.

Wetlands mitigation banking is:

Lowest Achievable Emissions Rate Technology is:

Pollution from human waste (sewage) must be treated by best conventional technology.

In Boomer v. Atlantic Cement, where a cement plant polluted nearby homes, the court held that:

Under the U.S. Sentencing Guidelines, companies that violate environmental laws may face reduced penalties if they voluntarily report violations of the law.

In pollution cases involving strict liability for abnormally dangerous activities, courts have NOT found which of the following activities to be abnormally dangerous:

The manipulation of biological processes to produce chemicals or living organisms for commercial use is known as:

Lost Tree began development of a large piece of land on the Florida coast in 1968. In 2004 it received permission from the state to develop some of its property but the Army Corps could not give a wetlands permit. Lost Tree sued, contending the value of its property fell from $4.8 million to nearly nothing. The district court agreed and awarded damages. The court of appeals: