Question 1

Compare the substantial continuity test in regard to successor liability with the mere continuation test.Which test is applied by the majority of states?

Accepted Answer

The substantial continuity test imposes successor liability when the purchaser of assets maintains the same business,with the same employees doing the same jobs,under the same supervisors,working conditions,and production process,and produces the same products for the same customers as the seller corporation.Under the mere continuation test,successor liability is imposed only when there is a single corporation after the transfer of assets with the same shareholders and directors before and after the acquisition.Most states apply the mere continuation test.

Question 2

A fundamental element of the U.S.scheme of pollution control is the policy that the polluter pays.

Accepted Answer

A) True 
 B)False  True

Question 3

Failure to comply with environmental laws can result in civil fines but not criminal penalties.

Accepted Answer

A) True 
 B)False  False

Question 4

The Clean Water Act is inapplicable to ponds that are not adjacent to open water.

Accepted Answer

A) True 
 B)False

Question 5

The EPA is an independent agency.

Accepted Answer

A) True 
 B)False

Question 6

The principal goal of the Clean Water act is to eliminate the discharge of pollutants into the non-navigable waters of the United States.

Accepted Answer

A) True 
 B)False

Question 7

Contractual arrangements to shift environmental liability between companies are binding on federal and state governments.

Accepted Answer

A) True 
 B)False

Question 8

The European Union,which had adopted the Kyoto Protocol,adopted a __________,which is a market-based system that limits the amount of carbon dioxide that companies are allowed to emit.

Accepted Answer

A)  cap-and-trade system 
B)  due diligence assessment 
C)  superlien strategic environmental management system 
D)  random cap-and-audit system 
A)  cap-and-trade system 
B)  due diligence assessment 
C)  superlien strategic environmental management system 
D)  random cap-and-audit system

Question 9

Company X was responsible for 40 percent of the environmental pollutants on a hazardous waste site whereas Company Z was responsible for the remaining 60 percent.Under CERCLA,which of the following is true regarding the imposition of liability on the parties?

Accepted Answer

A)  Company X and Company Z are subject to joint and several liability meaning that either can be held liable for the total cleanup costs,and no contribution between the parties is available. 
B)  Company X and Company Z are subject to joint and several liability meaning that either can be held liable for the total cleanup costs,but contribution between the parties may be available. 
C)  Regardless of whether both companies are still in business,Company X is responsible for only 40 percent of the cleanup costs,and Company Z is liable for only 60 percent of the costs. 
D)  Liability depends on who was the initial polluter because that party has primary liability for the total costs whereas the other company has secondary liability in the event that the first polluter is no longer in business. 
A)  Company X and Company Z are subject to joint and several liability meaning that either can be held liable for the total cleanup costs,and no contribution between the parties is available. 
B)  Company X and Company Z are subject to joint and several liability meaning that either can be held liable for the total cleanup costs,but contribution between the parties may be available. 
C)  Regardless of whether both companies are still in business,Company X is responsible for only 40 percent of the cleanup costs,and Company Z is liable for only 60 percent of the costs. 
D)  Liability depends on who was the initial polluter because that party has primary liability for the total costs whereas the other company has secondary liability in the event that the first polluter is no longer in business.

Question 10

The Paris Climate Agreement will take effect in 2023 as the 55 signatory countries begin public reporting of progress toward pollution reduction goals.

Accepted Answer

A) True 
 B)False

Question 11

Which of the following is required under the Clean Air Act?

Accepted Answer

A)  The EPA must establish national ambient air quality standards. 
B)  Every state must meet its individual air quality standards. 
C)  Air quality in areas that already meet national standards must meet a yearly improvement standard. 
D)  The National Park Service must preserve natural visibility in the wilderness areas. 
A)  The EPA must establish national ambient air quality standards. 
B)  Every state must meet its individual air quality standards. 
C)  Air quality in areas that already meet national standards must meet a yearly improvement standard. 
D)  The National Park Service must preserve natural visibility in the wilderness areas.

Question 12

Massachusetts unveiled the first statewide cap-and-trade program to reduce greenhouse gases in the United States.

Accepted Answer

A) True 
 B)False

Question 13

Define the term "navigable waters" as used in the Clean Water Act.What does the U.S.Supreme Court say the term includes and excludes? Why was the U.S.Supreme Court concerned with limiting the scope of the term "navigable waters"?

Accepted Answer

Navigable waters are defined as all "wat

Question 14

The increase in the buildup of carbon dioxide,methane,and other greenhouses gases in the atmosphere has increased global surface temperatures in 2016 to _____ degrees Celsius above preindustrial levels.

Accepted Answer

A)  0.5-0.9 
B)  1.1-1.2 
C)  1.5-2.0 
D)  3.0-3.6 
A)  0.5-0.9 
B)  1.1-1.2 
C)  1.5-2.0 
D)  3.0-3.6

Question 15

Under the Clean Air Act,_____ is/are primarily responsible for choosing how to maintain the federally established air quality standards.

Accepted Answer

A)  the federal government 
B)  state governments 
C)  individual businesses 
D)  the EPA administrator 
A)  the federal government 
B)  state governments 
C)  individual businesses 
D)  the EPA administrator

Question 16

The Resource Conservation and Recovery Act bans the disposal of hazardous wastes onto land without treatment to render them less hazardous.

Accepted Answer

A) True 
 B)False

Question 17

Which of the following hazardous household products are exempt from Resource Conservation and Recovery Act regulations?

Accepted Answer

A)  Hazardous household products discarded by retailers 
B)  Hazardous household products discarded by households 
C)  Hazardous household products discarded by retailers and households 
D)  No hazardous household products are exempt from RCRA regulations 
A)  Hazardous household products discarded by retailers 
B)  Hazardous household products discarded by households 
C)  Hazardous household products discarded by retailers and households 
D)  No hazardous household products are exempt from RCRA regulations

Question 18

_____ concerns-that is,that decisions with environmental consequences should not discriminate against poor and minority communities-are often enforced by the federal government because such decisions usually require state or municipal permits.

Accepted Answer

A)  Fair allocation 
B)  Brownfield containment 
C)  Environmental justice 
D)  Equitable allocation 
A)  Fair allocation 
B)  Brownfield containment 
C)  Environmental justice 
D)  Equitable allocation

Question 19

When can a corporate officer be held civilly liable under the Clean Water Act?

Accepted Answer

A)  Corporate officers are strictly liable whenever a violation by their company is established. 
B)  Only if the corporate officer specifically ordered the unlawful discharge. 
C)  If the corporate officer had the authority to exercise control over the activity that caused the unlawful discharge or if the officer knowingly violated the act. 
D)  Corporate officers may never be held liable in an individual capacity. 
A)  Corporate officers are strictly liable whenever a violation by their company is established. 
B)  Only if the corporate officer specifically ordered the unlawful discharge. 
C)  If the corporate officer had the authority to exercise control over the activity that caused the unlawful discharge or if the officer knowingly violated the act. 
D)  Corporate officers may never be held liable in an individual capacity.

Question 20

What does the Superfund Recycling Equity Act do?

Accepted Answer

A)  It exempts recyclers from liability in private-party actions under CERCLA. 
B)  It exempts recyclers from suits brought by the state or federal government. 
C)  It provides a 10 percent federal rebate for recycling expenses incurred by corporations engaged in recycling activities. 
D)  It provides a 5 percent federal rebate for recycling expenses incurred by corporations engaged in recycling activities. 
A)  It exempts recyclers from liability in private-party actions under CERCLA. 
B)  It exempts recyclers from suits brought by the state or federal government. 
C)  It provides a 10 percent federal rebate for recycling expenses incurred by corporations engaged in recycling activities. 
D)  It provides a 5 percent federal rebate for recycling expenses incurred by corporations engaged in recycling activities.

Exam 15: Environmental-Law-And-Sustainability

Compare the substantial continuity test in regard to successor liability with the mere continuation test.Which test is applied by the majority of states?

A fundamental element of the U.S.scheme of pollution control is the policy that the polluter pays.

Failure to comply with environmental laws can result in civil fines but not criminal penalties.

The Clean Water Act is inapplicable to ponds that are not adjacent to open water.

The EPA is an independent agency.

The principal goal of the Clean Water act is to eliminate the discharge of pollutants into the non-navigable waters of the United States.

Contractual arrangements to shift environmental liability between companies are binding on federal and state governments.

The European Union,which had adopted the Kyoto Protocol,adopted a __________,which is a market-based system that limits the amount of carbon dioxide that companies are allowed to emit.

Company X was responsible for 40 percent of the environmental pollutants on a hazardous waste site whereas Company Z was responsible for the remaining 60 percent.Under CERCLA,which of the following is true regarding the imposition of liability on the parties?

The Paris Climate Agreement will take effect in 2023 as the 55 signatory countries begin public reporting of progress toward pollution reduction goals.

Which of the following is required under the Clean Air Act?

Massachusetts unveiled the first statewide cap-and-trade program to reduce greenhouse gases in the United States.

Define the term "navigable waters" as used in the Clean Water Act.What does the U.S.Supreme Court say the term includes and excludes? Why was the U.S.Supreme Court concerned with limiting the scope of the term "navigable waters"?

The increase in the buildup of carbon dioxide,methane,and other greenhouses gases in the atmosphere has increased global surface temperatures in 2016 to _____ degrees Celsius above preindustrial levels.

Under the Clean Air Act,_____ is/are primarily responsible for choosing how to maintain the federally established air quality standards.

The Resource Conservation and Recovery Act bans the disposal of hazardous wastes onto land without treatment to render them less hazardous.

Which of the following hazardous household products are exempt from Resource Conservation and Recovery Act regulations?

_____ concerns-that is,that decisions with environmental consequences should not discriminate against poor and minority communities-are often enforced by the federal government because such decisions usually require state or municipal permits.

When can a corporate officer be held civilly liable under the Clean Water Act?

What does the Superfund Recycling Equity Act do?

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