Question 1

NEPA imposes the responsibility for maintaining the environment on all federal agencies.

Accepted Answer

A) True 
 B)False

Question 2

All present and former owners of contaminated property have liability for its Superfund clean-up costs if they caused the contamination or if they owned the property while it was contaminated, whether or not they knew of the contamination.

Accepted Answer

A) True 
 B)False

Question 3

If, after performing an environmental assessment, a federal agency concludes that an EIS is not required, the agency must engage in "scoping."

Accepted Answer

A) True 
 B)False

Question 4

In May of 1998, Jones went to C & C Bank to apply for a loan on a home he wanted to purchase.C & C Bank loaned the money to Jones because he had excellent credit.C & C never inspected the property Jones was purchasing.Two weeks later, five rusty and leaking 55-gallon drums of a toxic substance were found buried in a creekbed in Jones' backyard.Jones and the Bank's position with regard to liability for cleanup on the property would be:

Accepted Answer

A) that CERCLA could not impose strict liability for owners of or lenders of purchase money for contaminated property even if they acquired the property with knowledge of contamination. 
B) that they would not be liable as innocent landowners as provided for in SARA and they would have an automatic defense. 
C) that if the Bank and Jones made all appropriate inquiry into the previous ownership and uses of the property before purchase, they may not be liable. 
D) that if it could be proven that neither Jones nor the bank unlawfully disposed of the toxic waste, they could not be found liable under CERCLA. 
A) that CERCLA could not impose strict liability for owners of or lenders of purchase money for contaminated property even if they acquired the property with knowledge of contamination. 
B) that they would not be liable as innocent landowners as provided for in SARA and they would have an automatic defense. 
C) that if the Bank and Jones made all appropriate inquiry into the previous ownership and uses of the property before purchase, they may not be liable. 
D) that if it could be proven that neither Jones nor the bank unlawfully disposed of the toxic waste, they could not be found liable under CERCLA.

Question 5

Agricultural and urban runoff are examples of point source pollution, which is inherently more difficult to control than nonpoint source pollution.

Accepted Answer

A) True 
 B)False

Question 6

CFCs was economically depressed until Sally's Firecracker Corp.moved its factory there.Test explosions and the acrid smell of sulfur then interfered with Bob's enjoyment of the old family home.Bob sues Sally's for nuisance and seeks a court-ordered injunction to close down the factory.In determining whether the injunction is appropriate, the court will:

Accepted Answer

A) "balance the equities." 
B) consider the gravity of harm to Bob and his family. 
C) consider the social value of Sally's business. 
D) consider the public interest in the jobs created by Sally's and the economic upturn in CFCs. 
E) All of the above. 
A) "balance the equities." 
B) consider the gravity of harm to Bob and his family. 
C) consider the social value of Sally's business. 
D) consider the public interest in the jobs created by Sally's and the economic upturn in CFCs. 
E) All of the above.

Question 7

For an activity to be treated as a public nuisance there must be some interference with the health, safety, or comfort of the public.

Accepted Answer

A) True 
 B)False

Question 8

If, after making an environmental assessment, a federal agency decides no EIS is required, it must make this decision available to the public.

Accepted Answer

A) True 
 B)False

Question 9

The scope of an EIS:

Accepted Answer

A) does not apply to psychological effects. 
B) does not apply to the urban environment. 
C) is narrowly construed. 
D) applies to a broad range of types of effects. 
A) does not apply to psychological effects. 
B) does not apply to the urban environment. 
C) is narrowly construed. 
D) applies to a broad range of types of effects.

Question 10

To establish an environmental strict liability suit at common law, the plaintiff must show that the:

Accepted Answer

A) defendant was negligent in her operations. 
B) plaintiff was not negligent. 
C) defendant is engaged in an abnormally dangerous activity. 
D) location for such activity is indeed appropriate. 
A) defendant was negligent in her operations. 
B) plaintiff was not negligent. 
C) defendant is engaged in an abnormally dangerous activity. 
D) location for such activity is indeed appropriate.

Question 11

The CERCLA trust fund is financed by a:

Accepted Answer

A) tax on chemical feedstocks. 
B) surtax on businesses with annual incomes over $2 million. 
C) tax on petroleum. 
D) All of the above. 
A) tax on chemical feedstocks. 
B) surtax on businesses with annual incomes over $2 million. 
C) tax on petroleum. 
D) All of the above.

Question 12

In 1976, RCRA was enacted by Congress to:

Accepted Answer

A) provide a comprehensive scheme of treatment for hazardous solid waste. 
B) establish a manifest system to be used by generators. 
C) give states the primary responsibility for hazardous waste. 
D) Both (a) and (b). 
E) Both (b) and (c). 
A) provide a comprehensive scheme of treatment for hazardous solid waste. 
B) establish a manifest system to be used by generators. 
C) give states the primary responsibility for hazardous waste. 
D) Both (a) and (b). 
E) Both (b) and (c).

Question 13

Generally, only a public representative, such as the attorney general, may sue to stop a public nuisance.

Accepted Answer

A) True 
 B)False

Question 14

The United States Congress overwhelmingly ratified the Kyoto Protocol relating to multi-national reduction of greenhouse gases.

Accepted Answer

A) True 
 B)False

Question 15

A federal agency is required to consider only all reasonable alternatives in an EIS.

Accepted Answer

A) True 
 B)False

Question 16

The "bubble concept" is used by the EPA to view an entire plant as one source to evaluate emissions.

Accepted Answer

A) True 
 B)False

Question 17

Legislation to protect the environment from precipitation containing high levels of sulfuric or nitric acid, or acid rain, is aimed primarily at electric utility companies.

Accepted Answer

A) True 
 B)False

Question 18

A detailed statement concerning the environmental impact of a proposed federal action is:

Accepted Answer

A) a National Ambient Air Quality Standard. 
B) an Environmental Impact Statement. 
C) an environmental assessment. 
D) an Environment Interior Standards Review. 
A) a National Ambient Air Quality Standard. 
B) an Environmental Impact Statement. 
C) an environmental assessment. 
D) an Environment Interior Standards Review.

Question 19

To establish trespass to land, a plaintiff must show interference with the right of exclusive possession of the property.

Accepted Answer

A) True 
 B)False

Question 20

An environmental impact statement is required by NEPA if federal legislation or action will have a significant environmental effect.

Accepted Answer

A) True 
 B)False

Exam 46: Environmental Law

NEPA imposes the responsibility for maintaining the environment on all federal agencies.

All present and former owners of contaminated property have liability for its Superfund clean-up costs if they caused the contamination or if they owned the property while it was contaminated, whether or not they knew of the contamination.

If, after performing an environmental assessment, a federal agency concludes that an EIS is not required, the agency must engage in "scoping."

Agricultural and urban runoff are examples of point source pollution, which is inherently more difficult to control than nonpoint source pollution.

For an activity to be treated as a public nuisance there must be some interference with the health, safety, or comfort of the public.

If, after making an environmental assessment, a federal agency decides no EIS is required, it must make this decision available to the public.

The scope of an EIS:

To establish an environmental strict liability suit at common law, the plaintiff must show that the:

The CERCLA trust fund is financed by a:

In 1976, RCRA was enacted by Congress to:

Generally, only a public representative, such as the attorney general, may sue to stop a public nuisance.

The United States Congress overwhelmingly ratified the Kyoto Protocol relating to multi-national reduction of greenhouse gases.

A federal agency is required to consider only all reasonable alternatives in an EIS.

The "bubble concept" is used by the EPA to view an entire plant as one source to evaluate emissions.

Legislation to protect the environment from precipitation containing high levels of sulfuric or nitric acid, or acid rain, is aimed primarily at electric utility companies.

A detailed statement concerning the environmental impact of a proposed federal action is:

To establish trespass to land, a plaintiff must show interference with the right of exclusive possession of the property.

An environmental impact statement is required by NEPA if federal legislation or action will have a significant environmental effect.

Introduction to Law

Business Ethics

Civil Dispute Resolution

Constitutional Law

Administrative Law

Criminal Law

Intentional Torts

Negligence and Strict Liability

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

Consideration

Illegal Bargains

Contractual Capacity

Contracts in Writing

Third Parties to Contracts

Performance, Breach, and Discharge

Contract Remedies

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Product Liability: Warranties and Strict Liability

Sales Remedies

Form and Content

Transfer

Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transfers

Relationship of Principal and Agent

Relationship With Third Parties

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature and Formation of Corporations

Financial Structure of Corporations

Management Structure of Corporations

Fundamental Changes of Corporations

Secured Transactions and Suretyship

Bankruptcy

Securities Regulation

Intellectual Property

Employment Law

Antitrust

Accountants Legal Liability

Consumer Protection

International Business Law

Introduction to Property, Property Insurance, Bailments, and Documents of Title

Interests in Real Property

Transfer and Control of Real Property

Trusts and Wills

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