Exam 45: Environmental Law and Sustainability

There are no defenses to liability under the Comprehensive Environmental Response, Compensation, and Liability Act.

Metal Smelting & Foundry Inc.'s complex spews smoke and odors. The site features its own rail system, and trucks enter and exit the com?plex night and day. Neal and other residents of an adjacent neighbor?hood can feel the vibrations of the trains and trucks, and suffer other ef?fects from the operations. Neal and others file a suit against Metal Smelting. Why might the court rule in favor of the defendant?

Loaf & Biscuit Company operates a commercial dough making and packaging plant-a "major source"-that emits hazardous air pollutants for which the Environmental Protection Agency has set maximum levels of emission. The plant does not use any equipment to reduce its emissions. Under the Clean Air Act, this is most likely

A public authority, such as a state's attorney general, can sue to stop a "public" nuisance.

The operations of Commercial Concrete, Inc., are major sources of air pollu?tion. These operations must use

Water-quality standards are set by the Environmental Protection Agency.

Clean n' Green, Inc., operates a chain of car washes throughout the United States. The government entity that is most likely to be involved in regulating the chain's environmental impact is

There is one set of ambient standards-maximum permissible levels of certain pollutants-and the Environmental Protection Agency formulates plans to achieve them.

County Water & Sewer operates a public water supply system. County Water must send to every household that it supplies with water an annual statement describing

Ultrahazard Removal & Disposal Corporation transports radioactive materials. Vincent, an Ultrahazard employee, is diagnosed with radiation sickness after exposure to the materials. Vincent's suit against Ultrahazard to recover for the injury is known as

Ski Resorts, Inc., wants to add a new run to its facility in a national park on federal land. For this action, an environmental impact statement is

Energy Market Corporation wants to build a wind power plant on pri?vate land, for which a federal permit is required. For this action, an en?viron?mental impact statement is

An environmental impact statement must analyze the impact on any affected business of proposed environmental controls.

Bertha owns land located outside Centre City. Bertha sells the land to Disposal & Recycling, Inc., which establishes a hazardous waste disposal facility at the site. Disposal & Recycling accepts only waste transported by Eco Trucking Inc. exclusively from Federated Industries, Inc. Several years later, Disposal & Recycling closes its facility and sells the land to Garden Variety Retail Corporation, which builds a Home & Yard store on the site. Meanwhile, some of Centre City's citizens complain to the Environmental Protection Agency (EPA) that the city's municipal water supply is pol?luted. The EPA investigates and discovers that the sources of the pollu?tion are leaks of hazardous waste from what is now the Home & Yard site. The EPA cleans up the site. Who can be held liable for the cost of cleaning up the site? What standards must Centre City meet regarding the water?

The National Park Service hires Outdoor Play, Inc., to replace outdated playground equipment in a handful of national parks. For this action, an environmental impact state?ment is most likely

Energy Resources, Inc., operates an oil refinery near Forest River, which flows into Grove Lake. Discharging oil from the refinery into the river can result in

When a release of hazardous chemicals from a site occurs, potentially responsible parties can avoid liability through transfer of ownership.

Plywood & Particleboard Mill, Inc., does not use proper filters on its stacks, which consequently pollute the air. Quinn, a Plywood & Particleboard employee, suffers respiratory illness. To succeed in a suit against the company on the ground of negligence, Quinn must show that he suffers from

It is a violation of federal law to sell a pesticide or herbicide that has a chemical strength different from the concentration declared on the label.

National effluent (pollution) standards are set by the Environmental Protection Agency for each industry.