Question 1

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 2

What is the Council on Environmental Quality?

Accepted Answer

The CEQ is a three-member advisory group

Question 3

If the EPA determines that an SIP is not complete,the EPA must treat it as a nullity in whole.

Accepted Answer

A) True 
 B)False

Question 4

The NPDES is a highly effective water emission technology required to be used by the EPA.

Accepted Answer

A) True 
 B)False

Question 5

The Clean Air Act requires the EPA Administrator to do what,regarding new stationary sources?

Accepted Answer

A) Establish federal standards of performance that reflect the best technological system of emission reduction. 
B) Establish performance standards that will match emissions from existing sources. 
C) Allow no discharge of any pollutants. 
D) All of the above. 
A) Establish federal standards of performance that reflect the best technological system of emission reduction. 
B) Establish performance standards that will match emissions from existing sources. 
C) Allow no discharge of any pollutants. 
D) All of the above.

Question 6

Which of the following best describes the manifest system?

Accepted Answer

A) It is the best available technology requirement as described in the Clean Air Act. 
B) It is the national pollution policy as set forth in NEPA. 
C) It is the registration system required by TSCA. 
D) It is a form on which a generator certifies that the toxicity of waste has been reduced to the greatest degree that is economically practicable. 
A) It is the best available technology requirement as described in the Clean Air Act. 
B) It is the national pollution policy as set forth in NEPA. 
C) It is the registration system required by TSCA. 
D) It is a form on which a generator certifies that the toxicity of waste has been reduced to the greatest degree that is economically practicable.

Question 7

The term "nuisance" in the law may mean two distinct types of wrongful actions: one a private nuisance,the other a public nuisance.

Accepted Answer

A) True 
 B)False

Question 8

The EPA may not impose civil fines.

Accepted Answer

A) True 
 B)False

Question 9

The EPA may impose criminal fines and seek incarceration or imprisonment for persons who are convicted of violations of some environmental laws.

Accepted Answer

A) True 
 B)False

Question 10

Discuss common problems related to private causes of action with reference to the environment.

Accepted Answer

a.Strict liability is a type of tort lia

Question 11

There is currently a law promoting the purchase,development,and use of industrially polluted property.

Accepted Answer

A) True 
 B)False

Question 12

List and define the common law remedies for environmental damage.

Accepted Answer

The answer of List and define the common law remedies...

Question 13

In order for Beth to receive a permit for her plastics factory in a nonattainment area,she must show that the factory's emission rates will be within the average range for the industry.

Accepted Answer

A) True 
 B)False

Question 14

To qualify as an innocent landowner under SARA,a person must have,at the time of acquiring the property,asked about the previous ownership and uses of the property.

Accepted Answer

A) True 
 B)False

Question 15

An approved SIP is treated as both state and federal law,enforceable by either its state of implementation or the federal government.

Accepted Answer

A) True 
 B)False

Question 16

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 17

The National Pollutant Discharge Elimination System may require that discharge permits be obtained from:

Accepted Answer

A) the EPA. 
B) the Army Corps of Engineers. 
C) an individual state. 
D) Any of the above. 
A) the EPA. 
B) the Army Corps of Engineers. 
C) an individual state. 
D) Any of the above.

Question 18

To establish a private nuisance,a plaintiff:

Accepted Answer

A) must show that the defendant has substantially and unreasonably interfered with the use and enjoyment of the plaintiff's land. 
B) must show that in an action for damages in conjunction with private nuisance, the defendant's conduct was unreasonable. 
C) need not show that the interference was unreasonable. 
D) need only show that the quiet enjoyment of plaintiff's land was substantially impacted. 
A) must show that the defendant has substantially and unreasonably interfered with the use and enjoyment of the plaintiff's land. 
B) must show that in an action for damages in conjunction with private nuisance, the defendant's conduct was unreasonable. 
C) need not show that the interference was unreasonable. 
D) need only show that the quiet enjoyment of plaintiff's land was substantially impacted.

Question 19

Which of the following is not true about chlorofluorocarbons (CFCs)?

Accepted Answer

A) They deplete the ozone layer. 
B) By 1985, scientists believed that the release of CFCs into the atmosphere had caused a hole in the ozone layer in the stratosphere. 
C) There are no synthetic substitutes for CFCs. 
D) CFCs are extremely potent greenhouse gases. 
A) They deplete the ozone layer. 
B) By 1985, scientists believed that the release of CFCs into the atmosphere had caused a hole in the ozone layer in the stratosphere. 
C) There are no synthetic substitutes for CFCs. 
D) CFCs are extremely potent greenhouse gases.

Question 20

The Council on Environmental Quality is a four-member advisory group to the EPA.

Accepted Answer

A) True 
 B)False

Exam 45: Environmental Law

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

What is the Council on Environmental Quality?

If the EPA determines that an SIP is not complete,the EPA must treat it as a nullity in whole.

The NPDES is a highly effective water emission technology required to be used by the EPA.

The Clean Air Act requires the EPA Administrator to do what,regarding new stationary sources?

Which of the following best describes the manifest system?

The term "nuisance" in the law may mean two distinct types of wrongful actions: one a private nuisance,the other a public nuisance.

The EPA may not impose civil fines.

The EPA may impose criminal fines and seek incarceration or imprisonment for persons who are convicted of violations of some environmental laws.

Discuss common problems related to private causes of action with reference to the environment.

There is currently a law promoting the purchase,development,and use of industrially polluted property.

List and define the common law remedies for environmental damage.

In order for Beth to receive a permit for her plastics factory in a nonattainment area,she must show that the factory's emission rates will be within the average range for the industry.

To qualify as an innocent landowner under SARA,a person must have,at the time of acquiring the property,asked about the previous ownership and uses of the property.

An approved SIP is treated as both state and federal law,enforceable by either its state of implementation or the federal government.

The National Pollutant Discharge Elimination System may require that discharge permits be obtained from:

To establish a private nuisance,a plaintiff:

Which of the following is not true about chlorofluorocarbons (CFCs)?

The Council on Environmental Quality is a four-member advisory group to the EPA.

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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