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37. Because private causes of action have proved to be adequate to recompense and prevent environmental damage, the
federal, state, and local governments have chosen to create few statutes designed to protect the environment.
a. True
b. False
38. The National Environmental Policy Act:
a. requirements have been, from NEPA’s enactment, clearly substantive only.
b. attempts to prohibit uninformed decisions.
c. requirements have been interpreted by the Supreme Court to be primarily substantive rather than procedural.
d. requires that the relevant federal agency attempt to mitigate the adverse effects of a proposed federal action.
39. The National Pollutant Discharge Elimination System may require that discharge permits be obtained from:
a. the EPA.
b. the Army Corps of Engineers.
c. an individual state.
d. All of these.
40. The Clean Water Act:
a. establishes one scheme that is to be used for both existing and new sources of pollution.
b. applies to all navigable waters in the United States, but not to freshwater wetlands or nonnavigable intrastate
waters.
c. carries civil penalties of up to $37,500 per day per violation, as well as possible criminal penalties.
d. provides for one program for both point and nonpoint sources of pollution.
41. The Clean Water Act requires the EPA administrator to do what, regarding new sources?
a. Establish federal standards of performance that reflect the greatest degree of effluent reduction achievable
through application of the best available control technology.
b. Modify standards to reflect effluent limitations for existing sources.
c. Identify state waters that will not meet the Act's requirements.
d. All of these.
42. The most important federal statutes governing hazardous substances include:
a. SARA and FIFRA.
b. CEQ and FIFRA.
c. SARA and CERCLA.
d. CERCLA and CEQ.
43. Which of the following is true about the regulation of pesticide use by EPA?
a. A pesticide may be legally registered if it will perform its intended function without posing unreasonable risk to
humans or the environment.
b. The EPA may balance the economic and social costs and benefits of use of a pesticide in deciding whether to
register it.
c. Both of these.
d. Neither of these.
44. TSCA includes provisions that:
a. regulate the manufacture of new chemicals.
b. allow for the registration of pesticides.
c. require that exports be labeled "not registered for use in the United States of America."
d. All of these.
45. EPA's initial inventory of existing chemicals, completed in 1980, listed approximately how many chemicals?
a. 5,000
b. 55,000
c. 189
d. 1,890,000
46. In 1976, RCRA was enacted by Congress:
a. to provide a comprehensive scheme of treatment for hazardous solid waste.
b. and it requires the EPA to establish a manifest system to be used by generators of hazardous waste.
c. Both of these.
d. Neither of these.
47. Which of the following best describes the manifest system?
a. It is the best available technology requirement as described in the Clean Air Act.
b. It is the national pollution policy as set forth in NEPA.
c. It is the registration system required by TSCA.
d. The manifest is a form on which a generator certifies that the toxicity of waste has been reduced to the
greatest degree that is economically practicable.
48. CERCLA is an Act that:
a. regulates current and future generation, transportation, and disposal of hazardous waste.
b. granted to state governments the authority to take removal action in response to a release of hazardous
substances.
c. requires the federal government to establish a National Contingency Plan.
d. All of these.
49. The CERCLA trust fund is financed by a:
a. tax on chemical feedstocks.
b. surtax on businesses with annual incomes over $2 million.
c. tax on petroleum.
d. All of these.
50. In May of 1994, Jones went to C & C Bank to apply for a loan on a home he wanted to purchase. C & C Bank
loaned the money to Jones because he had excellent credit. C & C never inspected the property Jones was
purchasing. Two weeks later, five rusty and leaking 55-gallon drums of a toxic substance were found buried in a
creekbed in Jones' backyard. Jones and the Bank's position with regard to liability for cleanup on the property would
be:
a. liability would be imposed by CERCLA as strict liability for owners of contaminated property even if they
acquired the property without knowledge of contamination.
b. they would not be liable because they were innocent landowners as provided for in SARA, and they would
have an automatic defense.
c. that, if the Bank and Jones made an appropriate inquiry into the previous ownership and uses of the property
before purchase, they may not be liable.
d. if it could be proven that neither Jones nor the bank unlawfully disposed of the toxic waste, they could not be
found liable under CERCLA.
51. Which of the following statement(s) is/are true concerning the Montreal Protocol on Substances that Deplete the
Ozone Layer?
a. The United States, Mexico and Canada signed it.
b. It was not signed by the United States but was signed by 23 other countries.
c. It is a treaty that requires all signatories to reduce their production and consumption of all chemicals.
d. It is a treaty that requires all signatories to reduce their production and consumption of only CFC's.
52. The 1977 amendments to the Clean Water Act divided pollutants into all but which of the following categories?
a. Toxic
b. Nontoxic
c. Conventional
d. Nonconventional
53. In suing to recover for environmental damage, under the common law, plaintiffs generally have had causes of action
in:
a. nuisance.
b. trespass.
c. strict liability.
d. All of these.
54. Lostowne was economically depressed until Sally's Firecracker Corp. moved their factory there. Test explosions and
the acrid smell of sulfur were interfering with Bob's enjoyment of the old family home. Bob sues Sally for nuisance
and motions the court to issue an injunction to close down the factory. In determining whether the injunction is
appropriate the court will:
a. consider the public interest in the jobs created by Sally and the economic upturn in Lostowne.
b. consider the gravity of harm to Bob and his family.
c. consider the social value of Sally's business.
d. All of these.
55. Common problems with private causes of action to control environmental damage include all but which one of the
following?
a. Costs associated with private litigation are high.
b. Even if a private plaintiff is successful, recovery may be limited to monetary damages, leaving the defendant
free to continue to pollute.
c. Statutes typically require that only a public representative, such as the attorney general, may bring suits to
protect the environment from private and public nuisance and strict liability for abnormally dangerous
activities.
d. Tort actions typically do not provide relief for aesthetic, as opposed to physical, injury.
56. The term "scoping" concerning EIS procedures includes:
a. consulting relevant state environmental agencies to determine significant issues to be addressed by the EIS.
b. consulting relevant federal agencies to determine the significant issues to be addressed by the EIS.
c. preparing a final decision that no EIS is required.
d. only agency consultation and no public comment.
57. The scope of an EIS:
a. does not apply to psychological effects.
b. does not apply to the urban environment.
c. is narrowly construed.
d. applies to a broad range of environmental effects.
58. NEPA requires that the EIS contain:
a. an analysis of the relationship between local short-term uses of the environment and the maintenance and
enhancement of long-term productivity.
b. reversible and retrievable commitments of resources involved.
c. only a brief outline of the adverse environmental effects of a proposed action.
d. All of these.
59. To establish a private nuisance, a plaintiff:
a. must show that the defendant has substantially and unreasonably interfered with the use and enjoyment of the
plaintiff's land.
b. must show that, in an action for damages in conjunction with private nuisance, the defendant's conduct was
unreasonable.
c. need not show that the interference was unreasonable.
d. need only show that the quiet enjoyment of plaintiff's land was impacted.
60. Acid rain:
a. is precipitation containing high levels of phosphoric acid.
b. is caused primarily by emissions from automobile parts manufacturers and petroleum refineries.
c. is regulated by 1980 amendments to the Clean Air Act.
d. federal regulation permits companies to bank or sell their emission allowances.
61. Petrol Corp. owns several drilling operations in the Gulf of Mexico, refineries, service stations, and tanker trucks for
transporting their products. Petrol Corp. hires an environmental manager to keep the company in compliance with
various environmental laws. What laws will the environmental manager need to study and why?
62. What do the two major substantive sections of the National Environmental Policy Act address?
63. What is the Council on Environmental Quality?
64. Milly owns a car rental business that nets over $2 million. How is Milly contributing to the CERCLA trust fund?
65. What is the purpose of the Montreal Protocol?
66. List and define the common law causes of action for environmental damage.
67. Discuss common problems related to private causes of action with reference to the environment.
68. Is strict liability a legal concept available for environmental lawsuits? If so, what are the elements that the plaintiff
must prove?
