Chapter 46
Environmental Law
N.B.: TYPE indicates that a question is new, modified, or unchanged, as follows.
N A question new to this edition of the Test Bank.
+ A question modified from the previous edition of the Test Bank.
= A question included in the previous edition of the Test Bank.
TRUE/FALSE QUESTIONS
A1. All environmental law consists of statutes and regulations.
A2. Under the common law doctrine of nuisance, persons may be liable if they file a suit
against a business polluter that views the suit as a nuisance.
A3. State laws may restrict a business’s discharge of chemicals into the air or water.
A4. States may restrict emissions from motor vehicles.
A5. An environmental impact statement is required for every major federal action that
significantly affects the quality of the environment.
A6. Federal statutes and regulations do not cover mobile sources of air pollution.
A7. The Environmental Protection Agency periodically updates the pollution standards.
A8. There are no plans to develop national standards regulating the fuel economy and
emissions for medium- and heavy-duty trucks.
A9. The primary responsibility for implementing air-quality standards rests with the
federal government.
A10. Only the Environmental Protection Agency can sue violators of emission limits under
the Clean Air Act.
A11. Different standards for air quality apply to existing sources of pollution and major new
sources.
A12. Corporate officers cannot be subject to penalties for violations of the Clean Air Act.
A13. Any point source emitting pollutants into water must have a permit.
A14. The Clean Water Act includes special provisions for toxic chemicals and for oil spills.
A15. New sources of water pollutants must install pollution-control equipment before
beginning operations.
A16. The Environmental Protection Agency defines wetlands as “lands that are wet.”
A17. States have the primary responsibility for enforcing the permit system for point–
source water pollution control.
A18. The Environmental Protection Agency sets minimum levels for pollutants in public
water systems.
A19. The Environmental Protection Agency can regulate a substance that poses an
imminent hazard but cannot prohibit the use of a substance altogether.
A20. The government can recover the cost to clean up a hazardous waste disposal site from
the persons who were even remotely responsible.
MULTIPLE CHOICE QUESTIONS
A1. Fabio makes a living by farming near Gastric Combustibles, Inc., which has discharged
pollutants into the area’s air and water. In a suit by Fabio for an injunction against
Gastric on the ground of nuisance, the court is most likely to rule in Gastric’s favor if
a. Fabio’s operation also pollutes, with pesticides and herbicides.
b. Fabio’s operation suffers harm distinct from the general public.
c. Gastric’s operation is the core of the local economy.
d. Gastric’s operation uses reasonable care to avoid harm to Fabio.
A2. Consolidated Trucking Company transports radioactive materials. Darla suffers from
cancer. To succeed in a suit against Consolidated on the ground of strict liability, Darla
must show that her injury was caused by
a. Consolidated’s failure to use reasonable care to avert herm to Darla.
b. Consolidated’s intentional lack of regard for the general public.
c. Consolidated’s operation.
d. radiation from any source.
A3. Valley Disposal Center operates a recycling plant. Wendy and other Valley neighbors
file a suit, alleging injuries from the plant. To succeed, they must show that Valley
failed to use reasonable care if the suit is based on
a. a negligence theory.
b. a nuisance theory.
c. any legal theory.
d. a strict liability theory.
A4. Congress enacts air quality legislation. To implement and enforce this law, as is typical
of other environmental statutes and regulations, the federal government will most
likely rely on
a. all levels of government.
b. local chambers of commerce.
c. local police departments.
d. polluters’ self-monitoring.
A5. The Environmental Protection Agency (EPA) has the authority to regulate “any air
pollutant.” Fresher Air Group, a private organization, supports cleaner air. Fresher Air
can file a suit against the EPA to
a. compel the EPA to act only.
b. compel the EPA to act or prevent it from acting.
c. neither compel the EPA to act nor prevent it from acting.
d. prevent the EPA from acting only.
A6. Ski Resorts, Inc., wants to add a new run to its facility in a national park on federal
land. For this action, an environmental impact statement is
a. prohibited.
b. required.
c. unnecessary.
d. voluntary.
A7. Truckers Storage Depot, a private company, wants to build a warehouse on private
land. For this action, an environmental impact statement is
a. prohibited.
b. required.
c. unnecessary.
d. voluntary.
A8. Metal Smelting, Inc., operates a plant—a “major source”—that emits hazardous air
pollutants for which the Environmental Protection Agency has set maximum levels of
emission. The plant does not use any equipment to reduce its emissions. Under the
Clean Air Act, this is most likely
a. a violation.
b. not a violation because a “major source” is exempt.
c. not a violation because the plant does not use any equipment.
d. not a violation because the plant is not a mobile source.
A9. Industrial Solvents, Inc., averages $15,000 profit per day before deciding to ignore air
pollution standards, after which the average is $30,000. Industrial Solvents is subject
to a fine of
a. $0.
b. $15,000 per day.
c. $30,000 per day.
d. $30,000 total.
A10. Quickly Motor Company makes the Rock, a new model of sport utility vehicle, and
sells it at the market’s lowest price. The Rock does not, however, satisfy federal
emission standards and Quickly fails to maintain relevant, required records. The
Environmental Protection Agency may assess
a. civil penalties, additional fines, and criminal penalties.
b. civil penalties and additional fines only.
c. civil penalties only.
d. criminal penalties, including fines and imprisonment, only.
A11. Fried Food, Inc., operates a commercial frying plant, discharging pollutants into the
air. Greg reports the violations to the Environmental Protection Agency. Greg
a. is not entitled to a payment.
b. may be paid up to any amount.
c. may be paid up to $1,000.
d. may be paid up to $10,000.
A12. A barge owned by Oceanic Shipping Company accidentally runs aground, spilling the
oil contained in its hold into the sea and onto the shore. Under the Clean Water Act,
this is most likely
a. a violation.
b. not a violation because an oil spill is an accident.
c. not a violation because a floating barge is not a stationary source.
d. not a violation because a ship’s hold is not a point source.
A13. Video Products Company operates a DVD manufacturing plant on Wandering River.
Discharging pollutants from the plant into the river can result in
a. civil penalties and criminal penalties.
b. civil penalties only.
c. criminal penalties only.
d. no penalties.
A14. Metro City operates its own municipal public drinking water system for which the
Environmental Protection Agency has set maximum levels of pollutants. Metro does
not use any equipment to meet these standards. With regard to any contamination of
the water, under the Safe Drinking Water Act, this is most likely
a. a violation.
b. not a violation because Metro does not set the standards.
c. not a violation because water is not a stationary source.
d. not a violation because Metro does not use any equipment.
A15. Under the Marine Protection, Research, and Sanctuaries Act (the Ocean Dumping
Act), Bayside Chemical Company may dump its chemical waste into the ocean
a. after obtaining a permit.
b. before obtaining a permit.
c. without a permit.
d. not at all.
A16. Fruitful Garden Company makes and sells pesticides. For the pesticides to remain on
the market, the acceptable level of risk to people of developing cancer from exposure
to the products is
a. one–in–a-hundred.
b. one-in-a-million.
c. one-in-a-thousand.
d. zero.
A17. ChemoCorp, Inc., makes and sells pesticides. If a substance is identified as harmful and
the harm is imminent, the Environmental Protection Agency can
a. conduct an inspection of ChemoCorp’s plant.
b. declare the substance to be unregulated and allow its production.
c. ignore the risk if the benefit outweighs the harm.
d. order the substance to be sold in an adulterated form.
A18. Industry Processes Corporation generates solid waste considered hazardous. Industry
labels and packages properly all waste to be transported to a disposal site. Under the
Resource Conservation and Recovery Act, this is most likely
a. not a violation.
b. a violation because Industry generates solid waste.
c. a violation because the waste is transported off-site.
d. a violation because the waste is considered hazardous.
A19. Before being transported, hazardous waste generated by Xtreme Industries, Inc., must
be properly labeled and packaged under the Resource Conservation and Recovery Act
by
a. the federal Environmental Protection Agency.
b. the local Resource Conservation and Recovery Committee.
c. the state Environmental Regulatory Commission.
d. Xtreme Industries, Inc.
A20. United Disposal, Inc., operates a hazardous waste disposal site that accepts waste
transported by Ace Trucking Company from General Manufacturing Corporation.
United sells the site to Investment Properties, Inc. A release of the waste is discovered
at the site, and the Environmental Protection Agency (EPA) cleans it up. The EPA can
recover the cost of the cleanup from
a. United only.
b. United or General only.
c. United, General, or Ace only.
d. United, General, Ace, or Investment Properties.
ESSAY QUESTIONS
A1. Cozy City lies on the shore of a bay that empties into the Atlantic Ocean. Downcycler
Waste Company picks up garbage and trash from local businesses. Further inland,
Eschew Corporation collects radioactive waste from the local utility’s nuclear power
plant. On the other side of the bay, Fort Cozy Military Base stores chemical warfare
supplies for disposal. Can Downcycler, Eschew, or Fort Cozy dump their waste in the
ocean?
A2. Odiferous Waste Company is a subsidiary of Precarious Investments, Inc. Odiferous
operates a hazardous waste disposal site. QuikChem Corporation is one of many
parties who generate waste disposed of at the site. Odiferous borrows money from
Regal Bank, which takes over the site when Odiferous goes bankrupt. The
Environmental Protection Agency discovers a leak at the site. Can any of these private
parties be forced to pay for the clean up? If so, who?