Exam 19: Environmental Regulation

To be considered a point source under the Clean Water Act,the source must itself create pollution.

Airborne particles that fall on a plaintiff's property can constitute a trespass.

Ozone depleting chlorofluorocarbons and halons are no longer in production.

Anderson Inc.has an oil refinery spread over an area of 1,500 acres in Texas.The refinery produces over 200,000 barrels of oil per day.The refinery is located next to a residential neighborhood with an approximate population of 1,000 people.It releases gases of over three thousand pounds of benzene,five thousand pounds of sulfur dioxide,and seven thousand tons of carbon monoxide.It violates the standards established by the federal authorities.Which act does Anderson violate? Explain.

Describe the Clean Water Act sequence for cleanup of industrial wastes discharged into rivers and streams.

Which of the following statements is true of the Resource Conservation and Recovery Act (RCRA)?

A company manufactures explosives that are used for the demolition of structures.These explosives are stored in its warehouse situated in a residential area.One day,the warehouse catches fire,resulting in an explosion which causes widespread damage to the lives and property of the people living in that area.The company is guilty of

What is the manifest system that is used by the Resource Conservation and Recovery Act (RCRA)for the disposal of hazardous wastes?

Under the ______ approach,businesses can cut pollution beyond what the law requires and keep these reductions for their own future use or to sell to other companies as emission offsets.

What can a private citizen do to force a private polluter to comply with the Clean Air and Clean Water Acts?

Who are the responsible parties recognized under the Superfund?

What is the tort of strict liability?

A factory's failure to use pollution-control equipment may be evidence of its failure to exercise ______ resulting in evidence of negligence.

Under the Kyoto Protocol,industrialized nations are supposed to lower greenhouse gas emission below 1990 levels.

An organization has set up a turbine farm project near the coast.However,it so happens that the coastal area is one of the principal bird migration corridors.The sound of the turbines is likely to hurt the birds and would destroy their habitat.Which law has been violated by this organization?

Primary air quality standards are standards that are necessary to protect public health.

What are the components of the environmental impact statement (EIS)and when are they required?

The basis for the ______ tort lies in the defendant's breach of his or her duty to use ordinary and reasonable care toward the plaintiff,which proximately (foreseeably)causes the plaintiff injury.

What is the technology-forcing aspect of the Clean Air Act?

The National Environmental Policy Act (NEPA)has made it mandatory for federal agencies to follow the conclusions of an environmental impact statement (EIS).