Chapter 45. Environmental Law
1. Although in recent years certain developed countries, such as the United States, have made significant progress in
controlling pollutants, this is not the case worldwide.
a. True
b. False
2. The Clean Air Act requires the use of reformulated automotive fuels to reduce ozone pollution.
a. True
b. False
3. Private tort actions may not be used to recover for environmental damage.
a. True
b. False
4. In an action for damages in a private nuisance suit, the plaintiff is required to prove that the defendant‘s conduct is
unreasonable.
a. True
b. False
5. For an environmental effect to be treated as a public nuisance there must be some interference with the health,
safety, or comfort of the public.
a. True
b. False
6. Public nuisance actions are very commonly used against polluters.
a. True
b. False
7. Trespass differs from private nuisance in that nuisance does not require an interference with a plaintiff’s possession
of the land.
a. True
b. False
8. There has been an explosion at Johnson‘s Oil refinery because of a lightning strike. Fumes from the resulting fires at
the plant have sent the nearby townspeople to the hospital for severe respiratory distress. Johnson’s Oil will be liable
for the townspeople’s injuries directly resulting from the fumes.
a. True
b. False
9. Under the Superfund Recycling Act of 1999, recyclers may be liable to third parties, but not to the federal or state
governments.
a. True
b. False
10. An environmental impact statement is required by NEPA if federal legislation or action will have a significant
environmental effect.
a. True
b. False
11. The Council on Environmental Quality is not a legislative agency.
a. True
b. False
12. NEPA is a federal act that focuses on particular environmental hazards without stating national environmental policy.
a. True
b. False
13. The CERCLA or Superfund was enacted to provide authority for cleanup of abandoned or inactive hazardous waste
sites.
a. True
b. False
14. NEPA does not apply to the urban environment.
a. True
b. False
15. Under NEPA, psychological health effects are considered to be environmental effects.
a. True
b. False
16. A federal agency is required to consider only all reasonable alternatives in an EIS.
a. True
b. False
17. The states initially had primary responsibility for controlling air pollution.
a. True
b. False
18. The EPA may not impose civil fines.
a. True
b. False
19. The 1990 Clean Air Act Amendments provide that EPA must establish new NAAQS for major pollutants every five
years.
a. True
b. False
20. A new NAAQS does not require each state to submit an SIP.
a. True
b. False
21. The EPA may impose criminal fines and seek incarceration or imprisonment for persons who are convicted of
violations of some environmental laws.
a. True
b. False
22. If an SIP is not complete, the EPA may treat it as a nullity in whole or in part.
a. True
b. False
23. An approved SIP is treated as both state and federal law.
a. True
b. False
24. Phoenix, Arizona may be classified as a PSD area with respect to some pollutants, but not with respect to others.
a. True
b. False
25. In order for Mitchell, the owner of a cement factory, to obtain a permit from the Colorado Environmental Protection
Agency in a PSD area, he must demonstrate that his factory will utilize the best available control technology.
a. True
b. False
26. In order for Bill to receive a permit for his plastic factory in a nonattainment area, he must show that the factory’s
emission rates will be within the average range for the industry.
a. True
b. False
27. The EPA, to view an entire plant as one source to evaluate emissions, uses the “bubble concept.”
a. True
b. False
28. From the industry’s perspective, under the Clean Air Act it is better to be considered a new source than an existing
one since the standard governing existing stationary sources is more stringent than the standard governing new
sources.
a. True
b. False
29. The Clean Air Act‘s 1990 Amendments sought to hasten attainment of certain air quality standards, but failed to
address specifically the subject of ozone pollution.
a. True
b. False
30. The EPA administrator established air quality standards for seven major classes of pollutants (carbon monoxide,
particulates, sulfur dioxide, nitrogen dioxide, hydrocarbons, ozone, and lead) but the hydrocarbon standard was
subsequently withdrawn as no longer being necessary.
a. True
b. False
31. In 2002 an act promoting the purchase, development, and use of industrially polluted property was signed into law.
a. True
b. False
32. A nonpoint source is a land use that causes pollution.
a. True
b. False
33. The scope of the Clean Water Act is very broad.
a. True
b. False
34. The Clean Water Act imposes civil penalties but not criminal penalties for violations.
a. True
b. False
35. The NPDES is a highly effective water emission technology required to be used by the EPA.
a. True
b. False
36. Federal legislation exists to provide a comprehensive scheme for regulating toxic substances.
a. True
b. False