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58. If there is a failure to use reasonable care to prevent pollution from causing a foreseeable injury, a defendant may
be liable for:
a. negligence
b. battery
c. assault
d. inattention
e. failure to protect
59. If there is a failure to use reasonable care to prevent pollution from causing a foreseeable injury, a defendant may
be liable for:
a. failure to protect
b. battery
c. assault
d. inattention
e. none of the other choices are correct
60. In pollution cases, strict liability for abnormally dangerous activities applies to which of the following:
a. businesses that produce or emit toxic pollutants
b. businesses that import raw materials from China
c. businesses that sell food
d. businesses with more than 5 employees
e. business with more than $10,000 in government contracts
61. In pollution cases involving strict liability for abnormally dangerous activities, courts have found which of the
following activities to be abnormally dangerous:
a. crop dusting
b. leakage of chemicals into ground water
c. storing of flammable liquids in quantity in a populated area
d. emitting of noxious gases by factories
e. all of the other specific choices are correct
62. In pollution cases involving strict liability for abnormally dangerous activities, courts have found which of the
following activities to be abnormally dangerous:
a. lawn mowing
b. using wasteful amounts of water in product production
c. storing of flammable liquids in quantity in a populated area
d. emitting of steam by factories
e. all of the other specific choices are correct
63. In pollution cases involving strict liability for abnormally dangerous activities, courts have found which of the
following activities to be abnormally dangerous:
a. lawn mowing
b. using wasteful amounts of water in product production
c. crop dusting
d. emitting of steam by factories
e. all of the other specific choices are correct
64. In pollution cases involving strict liability for abnormally dangerous activities, courts have found which of the
following activities to be abnormally dangerous:
a. leakage of chemicals into groundwater
b. using wasteful amounts of water in product production
c. storing of flammable liquids in quantity in an unpopulated area
d. emitting of steam by factories
e. all of the other specific choices are correct
65. In pollution cases involving strict liability for abnormally dangerous activities, courts have found which of the
following activities to be abnormally dangerous:
a. emitting of noxious gases by factories
b. using wasteful amounts of water in product production
c. storing of flammable liquids in quantity in an unpopulated area
d. emitting of steam by factories
e. all of the other specific choices are correct
66. In pollution cases involving strict liability for abnormally dangerous activities, courts have found which of the
following activities to be abnormally dangerous:
a. emitting of steam by factories
b. using wasteful amounts of water in product production
c. storing of flammable liquids in quantity in an unpopulated area
d. all of the other specific choices are correct
e. none of the other specific choices are correct
67. In pollution cases involving strict liability for abnormally dangerous activities, courts have NOT found which of the
following activities to be abnormally dangerous:
a. crop dusting
b. leakage of chemicals into ground water
c. storing of flammable liquids in quantity in a populated area
d. emitting of noxious gases by factories
e. all of the other specific choices have been found to be abnormally dangerous by the courts
68. In pollution cases involving strict liability for abnormally dangerous activities, courts have NOT found which of the
following activities to be abnormally dangerous:
a. crop dusting
b. leakage of chemicals into ground water
c. storing of flammable liquids in quantity in an unpopulated area
d. emitting of noxious gases by factories
e. all of the other specific choices have been found to be abnormally dangerous by the courts
69. In pollution cases involving strict liability for abnormally dangerous activities, courts have NOT found which of the
following activities to be abnormally dangerous:
a. crop dusting
b. leakage of chemicals into ground water
c. storing of flammable liquids in quantity in a populated area
d. emitting of steam gases by factories
e. all of the other specific choices have been found to be abnormally dangerous by the courts
70. If a defendant company was found to have secretly dumped hazardous chemicals in a pond next to plaintiff's
property, the court would be likely to hold that the:
a. defendant was disposing of pollutants according to industry standards and, although plaintiff was injured, the
defendant was not liable under nuisance law
b. defendant breached a duty of care to the plaintiff by dumping the pollutants into the pond and was
responsible for plaintiff's injuries under negligence law
c. plaintiff was negligent when he breached a duty of care by not taking adequate precautions to protect his
property from being damaged by the pollutants dumped by the defendant.
d. defendant's actions were so outrageous it constituted a taking under the common law
e. defendant was strictly liable for plaintiff's injuries because its pollutants contaminated the surface and ground
water
71. The Williams live on a farm. BG Company has been drilling for oil next to their property. The Williams' water now
stinks and contains assorted chemicals. Tests show the water has been tainted with the chemicals used in BG's
drilling. If the Williams sue BG for damages for their tainted water well, what theory would they best use?
a. public nuisance
b. fraud
c. conversion
d. strict liability in tort
e. misappropriation
72. Under the doctrine of riparian water law, persons living along a body of water:
a. may use the water in a reasonable manner
b. may not use the water for industrial purposes, only household purposes
c. must pass on the water in usable form
d. may use the water in a reasonable manner and must pass on the water in usable form
e. may use the water in a reasonable manner and must pass on the water in usable form but may not use the
water for industrial purposes, only household purposes
73. Under the doctrine of riparian water law, persons living along a body of water:
a. have a right of unlimited water use
b. may not use the water for industrial purposes
c. must obtain permits from the EPA to have the right to use water
d. have no rights against upstream water users
e. none of the other choices
74. Under the common law, there is:
a. no right to pollute water
b. a right to pollute water
c. a right to pollute water as long as you then clean it up
d. a right to pollute water as long as you have an appropriate permit
e. a right to pollute water as long as you compensate the people downstream
75. Under people who live along rivers and other bodies of water have the right to use the water in reasonable
amounts but must allow the water to flow downstream in usable form.
a. western water law
b. riparian water law
c. federal water law
d. clean water law
e. free flowing water law
76. Under people who live along rivers and other bodies of water have the right to use the water in reasonable
amounts but must allow the water to flow downstream in usable form.
a. western water law
b. free flowing water law
c. federal water law
d. clean water law
e. none of the other choices are correct
77. Under riparian water law, people who live along rivers and other bodies of water have the right to use the water in
reasonable amounts but must allow the water to flow downstream:
a. in usable form
b. without altering it in any way
c. however they wish
d. at no less than half potential flow rate
e. none of the other choices are correct
78. In Whalen v. Union Bag & Paper Co., where a paper mill polluted a farmer's creek so he sued to stop the
pollution, the court held that:
a. enjoining the defendant from polluting would cause too great an economic loss
b. the plaintiff contributed his negligence and so could not sue the defendant
c. although damage was small, defendant must respect plaintiff's riparian rights, pay damages and cease
damaging pollution
d. the riparian rights of the defendant outweighed the rights of the plaintiff
e. because the defendant acted without malice, no riparian rights were violated
79. In Whalen v. Union Bag & Paper Co., where a paper mill polluted a farmer's creek so he sued to stop the
pollution, the court held that:
a. enjoining the defendant from polluting would cause too great an economic loss
b. the plaintiff contributed his negligence and so could not sue the defendant
c. the riparian rights of the defendant outweighed the rights of the plaintiff
d. because the defendant acted without malice, no riparian rights were violated
e. none of the other choices
80. In Whalen v. Union Bag & Paper Co., where a paper mill polluted a farmer's creek so he sued to stop the
pollution, the appeals court held that:
a. the fact that the damage to the plaintiff was slight compared with the defendant's expense of abating the
condition was not a good reason for refusing an injunction
b. the fact that the damage to the plaintiff was slight compared with the defendant's expense of abating the
condition was a good reason for refusing an injunction
c. since the damage to the plaintiff was slight, there was no case
d. since the damage to the plaintiff was slight, so the defendant should not have to pay damages
e. the plaintiff did not have any rights with regard to the water flowing through his property
81. In Whalen v. Union Bag & Paper Co., where a paper mill polluted a farmer's creek so he sued to stop the
pollution, the appeals court held that:
a. the plaintiff did not have any rights with regard to the water flowing through his property
b. the fact that the damage to the plaintiff was slight compared with the defendant's expense of abating the
condition was a good reason for refusing an injunction
c. since the damage to the plaintiff was slight, there was no case
d. since the damage to the plaintiff was slight, so the defendant should not have to pay damages
e. none of the other choices are correct
82. In Whalen v. Union Bag & Paper Co., where a paper mill polluted a farmer's creek so he sued to stop the
pollution, the appeals court noted that:
a. if courts refused to grant injunctions when the damage to the plaintiff is slight compared with the defendant's
expense of abating the condition, it would favor the poor litigant over rich defendants
b. if courts refused to grant injunctions when the damage to the plaintiff is slight compared with the defendant's
expense of abating the condition, it would deprive the poor litigant of his little property by giving it to those
already rich
c. if courts refused to grant injunctions when the damage to the plaintiff is slight compared with the defendant's
expense of abating the condition, it would increase pollution
d. if courts refused to grant injunctions when the damage to the plaintiff is slight compared with the defendant's
expense of abating the condition, there would be no more pollution suits
e. if courts refused to grant injunctions when the damage to the plaintiff is slight compared with the defendant's
expense of abating the condition, it would unfairly favor low income plaintiffs
83. In Whalen v. Union Bag & Paper Co., where a paper mill polluted a farmer's creek so he sued to stop the
pollution, the appeals court noted that:
a. if courts refused to grant injunctions when the damage to the plaintiff is slight compared with the defendant's
expense of abating the condition, it would favor the poor litigant over rich defendants
b. if courts refused to grant injunctions when the damage to the plaintiff is slight compared with the defendant's
expense of abating the condition, it would unfairly favor low income plaintiffs
c. if courts refused to grant injunctions when the damage to the plaintiff is slight compared with the defendant's
expense of abating the condition, it would increase pollution
d. if courts refused to grant injunctions when the damage to the plaintiff is slight compared with the defendant's
expense of abating the condition, there would be no more pollution suits
e. none of the other choices are correct
84. In Boomer v. Atlantic Cement, where a cement plant polluted nearby homes, the court held that:
a. defendant should be enjoined from creating a nuisance which disturbed the plaintiffs
b. defendant's economic interests were inferior to the plaintiff's, so the pollution must stop
c. the value of the cement plant was lower than that of the surrounding neighborhood, so the plant should
change its operations
d. plaintiffs could receive monetary damages, but the plant could not be enjoined from operating because
defendant would suffer a larger loss than the plaintiffs
e. plaintiffs held riparian rights that were superior to those of the defendant
85. In Boomer v. Atlantic Cement, where a cement plant polluted nearby homes, the court held that:
a. defendant should be enjoined from creating a nuisance which disturbed the plaintiffs
b. defendant's economic interests were inferior to the plaintiff's, so the pollution must stop
c. the value of the cement plant was lower than that of the surrounding neighborhood, so the plant should
change its operations
d. plaintiffs held riparian rights that were superior to those of the defendant
e. none of the other choices
86. In Boomer v. Atlantic Cement, where a cement plant polluted nearby homes, the court's decision contrasted with
the decision in Whalen v. Union Bag & Paper Co., where a paper mill polluted a farmer's creek so he sued to
stop the pollution because:
a. in Whalen there was no comparison of costs and benefits while in Boomer the court compared the economic
costs and benefits of an injunction
b. in Boomer there was no comparison of costs and benefits while in Whalen the court compared the economic
costs and benefits of an injunction
c. in Whalen the court decided that the farmer had more economic impact than the plant and so found in favor
of him, while in Boomer it found in favor of the home owners even though the cement plant had more
economic impact
d. in Whalen the court decided that the farmer had less economic impact than the plant and so found in favor
of the plant, while in Boomer it found in favor of the home owners even though the cement plant had more
economic impact
e. there was no contrast in the court's decision in the two cases because it found for the defendants in both
cases due to economic cost-benefit analysis
87. In Boomer v. Atlantic Cement, where a cement plant polluted nearby homes, the court's decision contrasted with
the decision in Whalen v. Union Bag & Paper Co., where a paper mill polluted a farmer's creek so he sued to
stop the pollution because:
a. there was no contrast in the court's decision in the two cases because it found for the defendants in both
cases due to economic cost-benefit analysis
b. in Boomer there was no comparison of costs and benefits while in Whalen the court compared the economic
costs and benefits of an injunction
c. in Whalen the court decided that the farmer had more economic impact than the plant and so found in favor
of him, while in Boomer it found in favor of the home owners even though the cement plant had more
economic impact
d. in Whalen the court decided that the farmer had less economic impact than the plant and so found in favor
of the plant, while in Boomer it found in favor of the home owners even though the cement plant had more
economic impact
e. none of the other choices are correct
88. Under the common law, if a court found that a polluter provided a community with economic benefits, it would be
likely to rule that the polluter should:
a. increase its activities
b. pay damages to those who suffered injury
c. engage in a comprehensive cost-benefit analysis
d. pay damages to those who suffered injury and engage in a comprehensive cost-benefit analysis
e. pay damages to those who suffered injury and engage in a comprehensive cost-benefit analysis and, if
justified, increase its activities
89. The primary agency that implements and enforces federal environmental regulations is:
a. the FCC
b. the EPA
c. the FTC
d. the ICC
e. the Department of Human Health and Services
90. The Clean Air Act requires the EPA to:
a. set pollution standards
b. enforce cooperation among the states on the issue of air pollution control
c. implement pollution standard across the country
d. protect and enhance the quality of the nation's air resources
e. do all of the other choices
91. The Clean Air Act requires the EPA to:
a. set pollution standards
b. enforce cooperation among the states on the issue of air pollution control
c. control air quality in public buildings and workplaces
d. set pollution standards and enforce cooperation among the states on the issue of air pollution control
e. set pollution standards and enforce cooperation among the states on the issue of air pollution control and
control air quality in public buildings and workplaces
92. Under the the EPA must set pollution standards and, through forced cooperation of the states, to enforce the
standards across the country.
a. Clean Air Act
b. Fresh Air Act
c. Clean Environment Act
d. No Pollution Act
e. Free Air Act
93. Under the the EPA must set pollution standards and, through forced cooperation of the states, to enforce the
standards across the country.
a. Free Air Act
b. Fresh Air Act
c. Clean Environment Act
d. No Pollution Act
e. none of the other choices are correct
94. Federal authority to control air pollution was established by the:
a. Clean Air Act
b. Fresh Air Act
c. Clean Environment Act
d. No Pollution Act
e. Free Air Act
95. Federal authority to control air pollution was established by the:
a. Free Air Act
b. Fresh Air Act
c. Clean Environment Act
d. No Pollution Act
e. none of the other choices are correct
96. The Clean Air Act, which establishes federal authority to control air pollution, was passed in:
a. 1960
b. 1970
c. 1980
d. 1985
e. 1990
97. The Clean Air Act, which establishes federal authority to control air pollution, was passed in:
a. 1960
b. 1975
c. 1980
d. 1985
e. none of the other choices are correct
98. The Clean Air Act, which establishes federal authority to control air pollution, has had major amendments added in:
a. 1977 and 2000
b. 1977 and 1980
c. 1977 and 1990
d. 1990 and 2000
e. 1990 and 2009
99. One of the key regulatory programs for air quality are the:
a. National Outdoor Air Standards
b. National Clean Air Standards
c. National Ambient Air Quality Standards
d. National Fresh Air Quality Standards
e. National Healthy Air Quality Standards
100. One of the key regulatory programs for air quality are the:
a. National Outdoor Air Standards
b. National Clean Air Standards
c. National Healthy Air Quality Standards
d. National Fresh Air Quality Standards
e. none of the other choices are correct
101. The National Ambient Air Quality Standards:
a. sets limits on quantities of certain pollutants that are emitted into outdoor air
b. are to be established taking into account the economic and feasibility of the pollution controls necessary to be
implemented to protect the public health and welfare
c. are postponed by a variance for major emitting facilities if the owner can demonstrate that the standards will
pose a significant financial burden
d. are established by taking into account the public health and welfare taking into account an adequate margin
to allow companies to maintain reasonable profits
e. were met for the basic pollutants by the early 1990s
102. The National Ambient Air Quality Standards:
a. were met for the six basic pollutants by the early 1990s
b. are to be established taking into account the economic and feasibility of the pollution controls necessary to be
implemented to protect the public health and welfare
c. can be postponed by a federal variance for major emitting facilities if the owner can demonstrate that the
standards will pose a significant financial burden
d. are established by taking into account the public health and welfare taking into account an adequate margin
to allow companies to maintain reasonable profits
e. none of the other choices
103. The primary factors for a pollutant's NAAQS are the public health effects. The secondary factors are:
a. its considerations of public welfare effects
b. its consideration of aesthetic effects
c. its consideration of economic effects
d. its consideration of annoying effects
e. none of the other choices are correct
104. The public welfare effects of a pollutant's NAAQS include which of the following:
a. impact on plants
b. impact on animals
c. impact on soil
d. impact on constructed surfaces
e. all of the other specific choices are correct
105. The public welfare effects of a pollutant's NAAQS do NOT include which of the following:
a. impact on plants
b. impact on animals
c. impact on soil
d. impact on constructed surfaces
e. all of the other specific choices are included
106. The public welfare effects of a pollutant's NAAQS do NOT include which of the following:
a. impact on plants
b. impact on economic activity
c. impact on soil
d. impact on constructed surfaces
e. all of the other specific choices are included
107. Which of the following is not a major pollutant regulated by the Clean Air Act:
a. ozone
b. sulfur dioxide
c. zinc
d. carbon monoxide
e. nitrogen oxide
108. Which of the following is not a major pollutant regulated by the Clean Air Act:
a. ozone
b. sulfur dioxide
c. dihydrogen monoxide
d. carbon monoxide
e. nitrogen oxide
