569
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
B1. Injured individuals can rely on the common law to obtain damages and injunctions
against business polluters.
B2. A public authority—such as a state’s attorney general—can sue to stop a “public”
nuisance.
B3. State laws may not regulate a business’ s disposal of toxic wastes.
B4. Cities and counties may not restrict emissions from motor vehicles.
570 TEST BANK B—UNIT NINE: GOVERNMENT REGULATION
B5. If an agency decides that an environmental impact statement is unnecessary, it need
not issue a statement supporting this conclusion.
B6. Federal statutes and regulations do not cover stationary sources of air pollution.
B7. The Environmental Protection Agency has concluded that greenhouse gases, including
carbon dioxide emissions, do not constitute a public danger.
B8. The Environmental Protection lists all hazardous air pollutants (HAPs) on a prioritized
schedule.
B9. Those who knowingly violate the Clean Air Act are exempt from liability.
B10. Performance standards for major sources of air pollution require the use of the any
available technology, or AAT.
B11. Pollution not from point sources, such as runoff from small farms, is subject to the
same regulation as pollution from point sources.
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B12. Water-quality standards are set by the states under Environmental Protection Agency
supervision.
B13. National effluent (pollution) standards are set by the Environmental Protection
Agency for each industry.
B14. The courts have considerably scaled back the Clean Water Act’s protection of
wetlands.
B15. Under the National Pollutant Discharge Elimination System, firms that have discharge
permits need not monitor their own performance.
B16. Operators of public water systems must meet the Environmental Protection Agency’s
standards regardless of the economic and technological feasibility.
B17. Only offshore oil facilities that discharge oil into navigable waters are liable for the
clean-up costs.
B18. Environmental clean-up efforts include control of toxic chemicals used in agriculture
and in industry.
572 TEST BANK B—UNIT NINE: GOVERNMENT REGULATION
B19. It is a violation of federal law to destroy or deface any labeling required on a pesticide
or herbicide.
B20. When a release of hazardous chemicals from a site occurs, potentially responsible
parties can avoid liability through transfer of ownership.
MULTIPLE CHOICE QUESTIONS
B1. Verna makes a living by commercial fishing in a river allegedly polluted by Wall Paint
Company. To bring a suit against Wall Paint on the ground of private nuisance, Verna
must allege that she suffers from
a. a distinct harm separate from that affecting the general public.
b. a lesser harm than an injunction would impose on Wall Paint.
c. Wall Paint’s failure to use reasonable care to avert herm to Verna.
d. the same harm as that affecting the general public.
B2. Natural Gas Company does not use proper filters on its smokestacks, which
consequently pollute the air. Obie, a Natural Gas employee, suffers respiratory illness.
To succeed in a suit against Natural Gas on the ground of negligence, Obie must show
that he suffers from
a. a distinct harm separate from that affecting the general public.
b. a lesser harm than an injunction would impose on Natural Gas.
c. Natural Gas’s failure to use reasonable care to avert herm to Obie.
d. the same harm as that affecting the general public.
Fact Pattern 46-1B (Questions B3–B4 apply)
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Rock Mining Company operates a gravel pit next to Sid’s residence. Sid files a suit against
Rock, alleging that the pit is a nuisance and unreasonably interferes with Sid’s enjoyment of
his property.
B3. Refer to Fact Pattern 46-1B. The court is most likely to award Sid an injunction
a. if letting the pollution continue is equally as harmful as stopping it.
b. if letting the pollution continue is less harmful than stopping it.
c. if letting the pollution continue is more harmful than stopping it.
d. under no circumstances.
B4. Refer to Fact Pattern 46-1B. The court is most likely to award Sid damages
a. if letting the pollution continue is equally as harmful as stopping it.
b. if letting the pollution continue is less harmful than stopping it.
c. if letting the pollution continue is more harmful than stopping it.
d. under no circumstances.
B5. Arcata, California, passes an ordinance to regulate waste disposal. The disposal of
waste may also be regulated by
a. all other levels of government.
b. no other levels of government.
c. the federal government only .
d. the California state government only.
574 TEST BANK B—UNIT NINE: GOVERNMENT REGULATION
B6. Ultra Kleen, Inc., operates a chain of laundry establishments throughout the United
States. The government entity that is most likely to be involved in regulating the
chain’s environmental impact is
a. Congress.
b. federal and state regulatory agencies.
c. local chambers of commerce.
d. local police departments.
B7. New Town Construction, Inc., wants to build a parking ramp to connect to its New
Town Mall, both of which are on private land. For this action, an environmental
impact statement is
a. prohibited.
b. required.
c. unnecessary.
d. voluntary.
B8. Midwest Power Corporation wants to build a nuclear power plant on private land, for
which a federal permit is required. For this action, an environmental impact statement
is
a. prohibited.
b. required.
c. unnecessary.
d. voluntary.
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B9. Rural Electric Company submits a bid to build a dam on federal land as part of a
federal project. For this action, an environmental impact statement is most likely
a. prohibited.
b. required.
c. unnecessary.
d. voluntary.
B10. The Social Security Administration hires Thorough Paving, Inc., to repave a parking lot.
For this action, an environmental impact statement is most likely
a. prohibited because the action does not affect the environment.
b. required because the action is “federal.”
c. unnecessary because the action is not “major.”
d. voluntary because the action does not affect the environment.
B11. Bread & Pastries Baking Company operates a commercial baking 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 baking is not considered to be polluting.
c. not a violation because the plant does not use any equipment.
d. not a violation because the plant is not a mobile source.
576 TEST BANK B—UNIT NINE: GOVERNMENT REGULATION
B12. The operations of Metal Refining Industries, Inc., are major sources of air pollution.
These operations must use
a. the absolutely cleanest air technology.
b. the best available filter technology.
c. the maximum achievable control technology.
d. the most affordable scrubbing technology.
B13. Green River Energy Corporation wants to begin operations that include the discharge
of waste into navigable waters. Under the Clean Water Act, Green River must install
certain equipment
a. after beginning operations.
b. before beginning operations.
c. during operations.
d. only if a regulatory agency challenges the discharge.
B14. Timberline Plywood Company discharges its untreated wastewater into Urban City’s
storm drainage pipes, which empty into Valley Creek. Under the Clean Water Act, this
discharge is most likely
a. a violation.
b. not a violation because the company does not own the pipes.
c. not a violation because water is not a stationary source.
d. not a violation because a storm drainage pipe is not a point source.
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B15. Without a permit from the U.S. Army Corps of Engineers, Holiday Timeshares, Inc., fills
a wetlands area that it owns before constructing a residential resort. Under the Clean
Water Act, this is most likely
a. a violation.
b. not a violation because a permit is not needed to fill wetlands.
c. not a violation because the area was filled before construction.
d. not a violation because there was no discharge of pollution.
B16. Little City Company operates a public water supply system. Little must send to every
household that it supplies with water an annual statement describing
a. Little’s financial situation and material facts that might affect it.
b. other businesses in which Little is involved and to what extent.
c. parties who might be held liable if pollution problems arise.
d. the source of the water, and any contaminants and health concerns.
B17. Petro Industries, Inc., operates an oil refinery near Quigley River, which flows into
Royal Lake. Discharging oil from the refinery into the river can result in
a. penalties and damages.
b. penalties only.
c. damages only.
d. no penalties or damages.
578 TEST BANK B—UNIT NINE: GOVERNMENT REGULATION
B18. Hydraulic Equipment Company makes its products without required pollution control
technology, causing a discharge of oily waste into the nearby Idle Lake. This activity
can result in
a. a criminal fine or imprisonment only.
b. a criminal fine, imprisonment, or an injunction only.
c. a criminal fine, imprisonment, an injunction, or damages.
d. an injunction only.
B19. Hi-Yield Agriculture, Inc., makes a pesticide with a one-in-a-million risk to people of
developing cancer from exposure. This substance must be
a. disposed of before anyone develops cancer.
b. registered before it is sold.
c. taken off the market and placed in temporary storage.
d. used only in a way that avoids exposure to people.
B20. Remote Disposal Company operates a hazardous waste storage facility. Concerned
that there may be a release of chemicals from the site, Remote sells the property to
Serene Developers, Inc. If there is a release, Remote is most likely
a. liable.
b. not liable because the site was sold before the release.
c. not liable because Remote was concerned about the release.
d. not liable because Remote no longer operates the facility.
ESSAY QUESTIONS
B1. Resource Mining Company’s (RMC) complex spews smoke and odors. The site
features its own rail system, and trucks enter and exit the complex night and day. Sam
and other residents of an adjacent neighborhood can feel the vibrations of the trains
and trucks, and suffer other effects from RMC’s operations. Sam and others file a suit
against RMC. Why might the court rule in favor of RMC?
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B2. Jack owns land located outside Metro City. Jack sells the land to Quality Disposal, Inc.,
which establishes a hazardous waste disposal facility at the site. Quality Disposal
accepts only waste transported by Regional Trucking Company exclusively from
Consolidated Industries, Inc. Several years later, Quality Disposal closes its facility and
sells the land to Price Rite Corporation, which builds a Price Rite Discount Store on the
site. Meanwhile, some of Metro’s citizens complain to the Environmental Protection
Agency (EPA) that Metro’s municipal water supply is polluted. The EPA investigates
and discovers that the sources of the pollution are leaks of hazardous waste from
what is now the Price Rite property. The EPA cleans up the site. Who can be held
liable for the cost of cleaning up the site? What standards must Metro meet regarding
the water?