Multiple Choice
1. Pollution controls cost every year in the United States.
a. more than $250 billion
b. about $100 billion
c. less than $100 billion
d. more than $250 trillion
e. between $250 million and $500 million
2. During the 1960s the public became more concerned about the environment. The concern at that time, was
sparked, in part, by:
a. the nuclear disaster at Chernobyl
b. the Exxon Valdez oil spill
c. the publication by Rachel Carson of “Silent Spring”
d. the decline of the elephant herds in Africa
e. all of the other choices
3. During the 1960s the public became more concerned about the environment. The concern at that time was sparked,
in part, by:
a. the nuclear disaster at Chernobyl
b. the Exxon Valdez oil spill
c. toxic chemicals in Love Canal
d. the decline of the elephant herds in Africa
e. none of the other choices
4. Public awareness of the effect of pollution on the environment increased during the 1960s, in part due to:
a. the organic revolution
b. the publication of Rachel Carson’s “Silent Spring”
c. the publication of Rachel Carson’s “A Cleaner World”
d. the Exxon Valdez oil spill
e. the leaking oil well in the Gulf of Mexico
5. Public awareness of the effect of pollution on the environment increased during the 1960s, in part due to:
a. the organic revolution
b. the leaking oil well in the Gulf of Mexico
c. the publication of Rachel Carson’s “A Cleaner World”
d. the Exxon Valdez oil spill
e. none of the other choices are correct
6. Rachel Carson‘s publication of “Silent Spring” increased public awareness of environmental concerns in the:
a. early 1940s
b. late 1950s
c. 1960s
d. 1970s
e. early 1990s
7. Rachel Carson‘s publication of “Silent Spring” increased public awareness of environmental concerns in the:
a. early 1940s
b. late 1950s
c. 1960s
d. Rachel Carson’s book had no effect on public awareness of environmental concerns
e. none of the other choices are correct
8. The primary effect of Rachel Carson’s book “Silent Spring” was to:
a. reduce public concern about environmental issues
b. vilify oil companies
c. increase regulation for limiting noise pollution
d. increase public awareness of environmental concerns
e. increase the number of science majors in U.S. colleges
9. The primary effect of Rachel Carson’s book “Silent Spring” was to:
a. reduce public concern about environmental issues
b. vilify oil companies
c. increase regulation for limiting noise pollution
d. increase the number of science majors in U.S. colleges
e. none of the other choices are correct
10. Until the early 1970s environmental pollution was not subject to EPA regulation. Which entity was primarily
responsible for pollution litigation?
a. the President
b. state and local laws
c. the Federal Trade Commission
d. the Congressional Committees
e. the Army Corps of Engineers
11. Until the early 1970s environmental pollution was not subject to EPA regulation. Which entity was primarily
responsible for pollution litigation?
a. the President
b. the Army Corps of Engineers
c. the Federal Trade Commission
d. the Congressional Committees
e. none of the other choices
12. Created by Congress in 1970 and employing almost 18,000 employees with an $8 billion budget today, the is
one of the largest federal agencies.
a. Environmental Protection Agency
b. Federal Environment Agency
c. Clean Air Agency
d. Endangered Species Agency
e. Fish and Wildlife Protection Agency
13. Created by Congress in 1970 and employing almost 18,000 employees with an $8 billion budget today, the is
one of the largest federal agencies.
a. Fish and Wildlife Protection Agency
b. Federal Environment Agency
c. Clean Air Agency
d. Endangered Species Agency
e. none of the other choices are correct
14. The Environmental Protection Agency is one of the largest federal agencies and has a budget of almost:
a. $5 million
b. $500 billion
c. $8 billion
d. $8 million
e. $40 billion
15. Which of the following is one of the four major external environmental problems that the EPA has primary
responsibility for:
a. air pollution
b. water pollution
c. land pollution
d. pollution associated with certain products
e. all of the other specific choices are correct
16. Which of the following is one of the four major external environmental problems that the EPA has primary
responsibility for:
a. air pollution
b. contamination of food products
c. noise pollution
d. all of the other specific choices are correct
e. none of the other specific choices are correct
17. Which of the following is one of the four major external environmental problems that the EPA has primary
responsibility for:
a. land pollution
b. contamination of food products
c. noise pollution
d. all of the other specific choices are correct
e. none of the other specific choices are correct
18. Which of the following is one of the four major external environmental problems that the EPA has primary
responsibility for:
a. water pollution
b. contamination of food products
c. noise pollution
d. all of the other specific choices are correct
e. none of the other specific choices are correct
19. Which of the following is one of the four major external environmental problems that the EPA has primary
responsibility for:
a. pollution associated with certain products
b. contamination of food products
c. noise pollution
d. all of the other specific choices are correct
e. none of the other specific choices are correct
20. Which of the following is NOT one of the four major external environmental problems that the EPA has primary
responsibility for:
a. air pollution
b. water pollution
c. noise pollution
d. land pollution
e. none of the other specific choices are correct
21. Prior to passage of the Clean Air Act, the Clean Water Act, and other regulatory statutes in the 1970s, the most
important protection for the environment came from:
a. state pollution control agencies
b. international pollution control treaties
c. common law remedies
d. interstate compacts to deal with pollution
e. individual action since there was no law to deal with such problems
22. Prior to passage of the Clean Air Act, the Clean Water Act, and other regulatory statutes in the 1970s, the most
important protection for the environment came from:
a. state pollution control agencies
b. international pollution control treaties
c. individual action since there was no law to deal with such problems
d. interstate compacts to deal with pollution
e. none of the other choices
23. Prior to passage of the Clean Air Act, the Clean Water Act, and other regulatory statutes in the 1970s, the common
law:
a. provided the most important protection for the environment
b. provided a little protection for the environment, but most came from state statutes
c. provided very little protection for the environment
d. was regarded as useless because it was rarely enforced with regard to the environment
e. led to a high number of suits against companies that polluted a lot
24. Prior to passage of the Clean Air Act, the Clean Water Act, and other regulatory statutes in the 1970s, the common
law:
a. led to a high number of suits against companies that polluted a lot
b. provided a little protection for the environment, but most came from state statutes
c. provided very little protection for the environment
d. was regarded as useless because it was rarely enforced with regard to the environment
e. none of the other specific choices are correct
25. Citizens who sought relief from pollution through the common law relied on which law:
a. strict liability for abnormally dangerous activities
b. nuisance
c. trespass
d. negligence
e. all of the other choices
26. Citizens who sought relief from pollution through the common law relied on which laws:
a. negligence
b. nuisance
c. trespass
d. negligence and trespass
e. negligence, nuisance and trespass
27. A public nuisance is:
a. a reasonable interference with a right held by the general public
b. an interference with a right held by the federal government
c. an unreasonable interference with a right held by the general public
d. an unreasonable interference with rights held by public servants
e. none of the other choices
28. A is an unreasonable interference with a right held in common by the public.
a. public nuisance
b. private nuisance
c. pollution nuisance
d. real nuisance
e. punishable nuisance
29. A is an unreasonable interference with a right held in common by the public.
a. punishable nuisance
b. private nuisance
c. pollution nuisance
d. real nuisance
e. none of the other choices are correct
30. In a pollution case involving a public nuisance, the right held in common by the public that has likely been violated is
the:
a. community’s right to a reasonably clean and safe environment
b. community’s right to a sterile environment
c. community’s right to a health-promoting environment
d. community’s right to an allergen–free environment
e. community’s right to a peaceful environment
31. In a pollution case involving a public nuisance, the right held in common by the public that has likely been violated is
the:
a. community’s right to a peaceful environment
b. community’s right to a sterile environment
c. community’s right to a health-promoting environment
d. community’s right to an allergen–free environment
e. none of the other choices are correct
32. Applied to pollution cases, public nuisance is:
a. an unreasonable interference with the community‘s right to a reasonably clean and safe environment
b. a term applied to a polluter who causes damage to the air
c. a concept no longer used because of the Clean Air Act
d. an unreasonable interference with a right held an individual
e. repealed by the Resource Conservation and Recovery Act
33. Applied to pollution cases, public nuisance is:
a. repealed by the Resource Conservation and Recovery Act
b. a term applied to a polluter who causes damage to the air
c. a concept no longer used because of the Clean Air Act
d. an unreasonable interference with a right held by members of the public in common
e. none of the other choices are correct
34. Public nuisance cases are usually brought against a polluter by:
a. an injured person seeking damages for unreasonable interference with her land
b. a consumer group, suing under a citizen suit provision in the law
c. the city attorney or other similar public official in the community‘s name
d. the federal government under the direction of either the EPA or the Interior Department
e. a federal prosecutor since the defendant’s activities are criminal in nature
35. The person responsible for bringing a public nuisance case against a polluter is:
a. a city or state attorney
b. a private citizen whose land is affected
c. a private citizen who has been made ill by the pollution
d. the Supreme Court
e. the governor of the state affected by the pollution
36. The person responsible for bringing a public nuisance case against a polluter is:
a. the governor of the state affected by the pollution
b. a private citizen whose land is affected
c. a private citizen who has been made ill by the pollution
d. the Supreme Court
e. none of the other choices are correct
37. Applied to pollution cases, private nuisance is:
a. an unreasonable interference with the use and enjoyment of one’s land
b. a term applied to a polluter who causes damage to the air
c. a concept no longer used because of the Clean Air Act
d. an unreasonable interference with a right held by members of the public in common
e. repealed by the Resource Conservation and Recovery Act
38. Applied to pollution cases, private nuisance is:
a. repealed by the Resource Conservation and Recovery Act
b. a term only applied to a polluter who causes damage to the air
c. a concept no longer used because of the Clean Air Act
d. an unreasonable interference with a right held by members of the public in common
e. none of the other choices
39. In pollution cases, a
another.
a. public nuisance
b. private nuisance
c. trespass
d. negligence
e. public violation
is a substantial and unreasonable interference with the use and enjoyment of the land of
40. In pollution cases, a
another.
a. public nuisance
is a substantial and unreasonable interference with the use and enjoyment of the land of
b. private environmental trespass
c. trespass
d. negligence
e. none of the other choices are correct
41. In a pollution case, a generally involves a polluter who is injuring one person or a small group of people.
a. public nuisance
b. private nuisance
c. trespass
d. negligence
e. none of the other choices are correct
42. In a pollution case, a generally involves a polluter who is injuring one person or a small group of people.
a. conversion
b. private environmental trespass
c. trespass
d. negligence
e. none of the other choices are correct
43. X Corp. dumps run-off from its parking lots and storage lots around its candy factory into the Seneca River. The
citizens of Henderson, located on the river downstream, wish to stop the discharge. The common law rule under
which the citizens are most likely to be successful is:
a. private nuisance
b. public nuisance
c. negligence
d. invasion of privacy
e. fraud
44. Under the common law, courts deciding pollution cases would require a plaintiff to prove:
a. intentional pollution
b. harm caused by the polluter
c. unreasonable interference with other parties’ rights
d. harm caused by the polluter and unreasonable interference with other parties’ rights
e. harm caused by the polluter and unreasonable interference with other parties‘ rights and intentional pollution
45. In Georgia v. Tennessee Copper Company, the Supreme Court decided that a polluting copper smelting operation
could:
a. not be shut down because it would cause too much economic harm
b. be heavily fined for polluting the air of a neighboring state
c. be enjoined from operating if it could not control its pollution output
d. be forced to shut down by the federal government for violating environmental regulations
e. none of the other choices
46. In Georgia v. Tennessee Copper Company, the Supreme Court decided that a polluting copper smelting operation
could:
a. not be shut down because it would cause too much economic harm
b. be heavily fined for polluting the air of a neighboring state
c. face criminal charges under the Clean Air Act for a knowing violation of emission rules
d. be forced to shut down by the federal government for violating environmental regulations
e. none of the other choices
47. A trespass is defined as:
a. an illegal entry onto one’s own property
b. an entry onto the property of another person
c. an entry onto one’s property by government officials holding a warrant
d. an unauthorized breach of the boundaries of another’s property
e. a pre-authorized breach of the boundaries of one‘s property
48. A trespass is defined as:
a. an illegal entry onto one’s own property
b. an entry onto the property of another person
c. an entry onto one’s property by government officials holding a warrant
d. a pre-authorized breach of the boundaries of one’s property
e. none of the other choices
49. A(n) is an unauthorized breach of the boundaries of another‘s land.
a. trespass
b. environmental breach
c. public nuisance
d. private nuisance
e. attack
50. A(n) is an unauthorized breach of the boundaries of another‘s land.
a. conversion
b. environmental breach
c. public nuisance
d. private nuisance
e. none of the other choices are correct
51. The main distinction between a nuisance and a trespass is that a trespass occurs when:
a. there is no physical invasion of a plaintiff‘s property
b. there is private property involved
c. there is physical invasion of a plaintiff’s property
d. there is physical damage to the defendant’s property
e. there is more than $50,000 of damage to a group of people
52. In an action alleging environmental damage, by use of the common law of trespass, the plaintiff must show that the:
a. pollution is an unreasonable interference and the defendant is not using the best control technology available
b. “invasion” of the plaintiff’s property by the defendant‘s pollution is physical
c. defendant’s pollution significantly affected the public health and welfare in the area
d. defendant’s pollution was dangerous and the direct cause of the plaintiff’s health injuries
e. defendant’s activities breached a duty of care to the plaintiff and directly caused the injury to the plaintiff’s
health
53. In an action alleging environmental damage, by use of the common law of trespass, the plaintiff must show that the:
a. pollution is an unreasonable interference and the defendant is not using the best control technology available
b. defendant’s activities breached a duty of care to the plaintiff and directly caused the injury to the plaintiff’s
health
c. defendant’s pollution significantly affected the public health and welfare in the area
d. defendant’s pollution was dangerous and the direct cause of the plaintiff’s health injuries
e. none of the other choices
54. In a case at common law for trespass, which is necessary?
a. there must be a direct breach of the boundaries of another person’s land
b. the invasion of another‘s land must be of “serious” magnitude
c. the invasion of another‘s land must be intentional
d. there need be an interference with the use and enjoyment of another person’s property only
e. all of the other choices
55. In a case at common law for trespass, which is necessary?
a. there only need be an interference with the use and enjoyment of another person’s property
b. the invasion of another‘s land must be of “serious” magnitude
c. the invasion of another‘s land must be intentional
d. all of the other specific choices
e. none of the other choices
56. Suppose a coal-burning electric generation plant emitted significant amounts of pollutants into the atmosphere. A
property owner living downwind of the plant who sued the plant for trespass would not have to provide which of the
following elements:
a. that the plant intended to harm the property owner
b. that the plant intended to commit trespass on the property
c. that the plant deposited pollutants on the property
d. that the property owner suffered damages
e. all of the other choices must be shown
57. A plaintiff wishing to prove a case of strict liability for abnormally dangerous activities must show that the:
a. defendant intended to engage in a dangerous activity
b. defendant discharged an abnormally dangerous substance
c. defendant’s discharge caused the plaintiff’s harm
d. defendant discharged an abnormally dangerous substance and defendant’s discharge caused the plaintiff’s
harm
e. defendant discharged an abnormally dangerous substance and defendant’s discharge caused the plaintiff’s
harm and defendant intended to engage in a dangerous activity