Question 1

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

Accepted Answer

A) True 
 B)False  False

Question 2

The 1990 amendments to the Clean Air Act:

Accepted Answer

A) require the EPA to decide whether an SIP is complete; if it is, the EPA must approve or disapprove the plan within six months. 
B) attempt to halt environmental destruction caused by acid rain. 
C) do not permit utilities to sell their emission allowances. 
D) allot sulfur dioxide emission allowances to utilities based on the "bubble concept." 
A) require the EPA to decide whether an SIP is complete; if it is, the EPA must approve or disapprove the plan within six months. 
B) attempt to halt environmental destruction caused by acid rain. 
C) do not permit utilities to sell their emission allowances. 
D) allot sulfur dioxide emission allowances to utilities based on the "bubble concept." B

Question 3

R-T,Inc.must notify the EPA before it manufactures a new chemical,and the EPA administrator may limit or prohibit the chemical's manufacture or distribution.

Accepted Answer

A) True 
 B)False  True

Question 4

In suing to recover for environmental damage under the common law,plaintiffs generally have had causes of action in:

Accepted Answer

A) nuisance. 
B) trespass. 
C) strict liability. 
D) All of the above. 
A) nuisance. 
B) trespass. 
C) strict liability. 
D) All of the above.

Question 5

Because private causes of action have proved to be inadequate to recompense and prevent environmental damage,the federal,state,and local governments have enacted statutes designed to protect the environment.

Accepted Answer

A) True 
 B)False

Question 6

Which of the following statement(s)is true concerning the Montreal Protocol on Substances that Deplete the Ozone Layer?

Accepted Answer

A) The United States and 23 other countries signed it. 
B) It was not signed by the United States but was signed by 23 other countries. 
C) It is a treaty that requires all signatories to reduce their production and consumption of all chemicals. 
D) It is a treaty that requires all signatories to reduce their production and consumption of only CFC's. 
E) Both (a) and (c). 
A) The United States and 23 other countries signed it. 
B) It was not signed by the United States but was signed by 23 other countries. 
C) It is a treaty that requires all signatories to reduce their production and consumption of all chemicals. 
D) It is a treaty that requires all signatories to reduce their production and consumption of only CFC's. 
E) Both (a) and (c).

Question 7

The RCRA was enacted by Congress:

Accepted Answer

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

Question 8

To establish trespass to land,a plaintiff:

Accepted Answer

A) must show an invasion that interferes with the plaintiff's right of exclusive possession of property that is at least an indirect result of the defendant's actions. 
B) need not show the plaintiff's right to exclusive possession, but must show that the defendant's actions were unreasonable. 
C) must show an invasion that interferes with the plaintiff's right of exclusive possession of property and that it is a direct result of the defendant's actions. 
D) need not show the plaintiff's right to exclusive possession. 
A) must show an invasion that interferes with the plaintiff's right of exclusive possession of property that is at least an indirect result of the defendant's actions. 
B) need not show the plaintiff's right to exclusive possession, but must show that the defendant's actions were unreasonable. 
C) must show an invasion that interferes with the plaintiff's right of exclusive possession of property and that it is a direct result of the defendant's actions. 
D) need not show the plaintiff's right to exclusive possession.

Question 9

NEPA requires that the EIS contain:

Accepted Answer

A) an analysis of the relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity. 
B) reversible and retrievable commitments of resources involved. 
C) only a brief outline of the adverse environmental effects of a proposed action. 
D) All of the above. 
A) an analysis of the relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity. 
B) reversible and retrievable commitments of resources involved. 
C) only a brief outline of the adverse environmental effects of a proposed action. 
D) All of the above.

Question 10

Private tort actions have been quite successful in controlling environmental damage.

Accepted Answer

A) True 
 B)False

Question 11

Lostowne 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 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 Lostowne. 
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 Lostowne. 
E) All of the above.

Question 12

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 13

The 1990 Clean Air Act Amendments provide that EPA must establish new NAAQS for major pollutants every five years.

Accepted Answer

A) True 
 B)False

Question 14

Private tort actions may not be used to recover for environmental damage.

Accepted Answer

A) True 
 B)False

Question 15

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 16

Phoenix,Arizona might be classified as a PSD area with respect to some pollutants,but not with respect to others.

Accepted Answer

A) True 
 B)False

Question 17

TSCA includes provisions that:

Accepted Answer

A) regulate the manufacture of new chemicals. 
B) allow for the registration of pesticides. 
C) require that exports be labeled "not registered for use in the United States of America." 
D) All of the above. 
A) regulate the manufacture of new chemicals. 
B) allow for the registration of pesticides. 
C) require that exports be labeled "not registered for use in the United States of America." 
D) All of the above.

Question 18

The Council on Environmental Quality is a separate administrative agency that advises the president on environmental issues.

Accepted Answer

A) True 
 B)False

Question 19

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 in an inappropriate location. 
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 in an inappropriate location. 
D) location for such activity is indeed appropriate.

Question 20

The FIFRA registration is legal only if:

Accepted Answer

A) it is completed within 60 days of the pesticide's distribution. 
B) the pesticide complies with FIFRA labeling requirements. 
C) the pesticide will not cause any adverse environmental effects when used in accordance with commonly recognized practice. 
D) All of the above. 
A) it is completed within 60 days of the pesticide's distribution. 
B) the pesticide complies with FIFRA labeling requirements. 
C) the pesticide will not cause any adverse environmental effects when used in accordance with commonly recognized practice. 
D) All of the above.

Exam 45: Environmental Law

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

The 1990 amendments to the Clean Air Act:

R-T,Inc.must notify the EPA before it manufactures a new chemical,and the EPA administrator may limit or prohibit the chemical's manufacture or distribution.

In suing to recover for environmental damage under the common law,plaintiffs generally have had causes of action in:

Because private causes of action have proved to be inadequate to recompense and prevent environmental damage,the federal,state,and local governments have enacted statutes designed to protect the environment.

Which of the following statement(s)is true concerning the Montreal Protocol on Substances that Deplete the Ozone Layer?

The RCRA was enacted by Congress:

To establish trespass to land,a plaintiff:

NEPA requires that the EIS contain:

Private tort actions have been quite successful in controlling environmental damage.

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

The 1990 Clean Air Act Amendments provide that EPA must establish new NAAQS for major pollutants every five years.

Private tort actions may not be used to recover for environmental damage.

The CERCLA trust fund is financed by a:

Phoenix,Arizona might be classified as a PSD area with respect to some pollutants,but not with respect to others.

TSCA includes provisions that:

The Council on Environmental Quality is a separate administrative agency that advises the president on environmental issues.

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

The FIFRA registration is legal only if:

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 and 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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