Exam 50: Environmental Law and Land Use Controls

What is a principal purpose of the Superfund?

If a restrictive covenant is valid,it binds only the original grantee in the deed that created the covenant.

A right to a nonconforming use of land cannot be lost through abandonment.

With regard to the law concerning nuisance:

Which federal agency is most often authorized to adopt standards and regulations to carry out the provisions of environmental statutes?

Under the Clean Water Act,the EPA has developed effluent guidelines,which are ranges for discharges organized according to industrial groups and for specific plants in each of these groups.

Both the Secretary of Commerce and the Secretary of the Interior are given responsibilities under the Endangered Species Act.

"Superfund" is a creation of which of the following?

When the desired use of land is in harmony with the general nature of surrounding areas,a zoning variance is usually granted.

Nuisances may be classified as either private nuisances or public nuisances.

Valid restrictive covenants will bind future owners of the land if:

The Noise Control Act sets the standards for lawn mowers,automobiles,and other devices often found in suburban neighborhoods.

Which federal agency has primary responsibility for enforcing environmental laws?

Due diligence usually consists of searching public records and inspecting the land.

Due diligence is the process by which the buyer of property conducts a thorough investigation of the property and its uses to determine whether environmental or nuisance problems exist.

It is probable that a zoning variance would be granted:

Planting trees or erecting a fence,although otherwise lawful,constitutes a public nuisance when it creates a traffic hazard by obscuring an intersection.

Federal environmental laws can be enforced through:

The fact that harm occurred is sufficient to establish a nuisance.

The bubble concept: