64. A National Pollution Discharge Elimination Permit:
a. permits the holder to discharge pollutants at its point source.
b. permits the holder to discharge toxic pollutants.
c. permits the holder to discharge pollutants after pretreatment.
d. permits the discharge of smoke from utility plants equipped with scrubbers.
65. In nonattainment areas the EPA:
a. defers to state regulation.
b. can impose construction moratoriums.
c. must honor the SIP.
d. can cut off all forms of federal funding.
66. Ralph Watkins owns a large home on a two-acre lot in Tempe, Arizona. Watkins has much of the lot covered with
tiff grass and is meticulous about mowing the lawn. Watkins piles the grass clippings near his back fence and
removes them on a semiannual basis. The clippings attract crickets, rodents, scorpions, and other forms of desert
life. Watkins‘ neighbor, Vern Brown, has noted that the various forms of desert life scale the wall and invade his
property. Brown has worked with his exterminator but his exterminator has told him that the grass clippings must go
before the bugs will go. Brown:
a. could clean up the pile and recover from Watkins under CERCLA.
b. could report Watkins for violating the Solid Waste Disposal Act.
c. could seek an injunction against Watkins on the basis of nuisance.
d. would not have a nuisance claim since he is the only one who is affected.
67. What is the name given to groups who oppose specific placement of land usages using nuisance theories and local
zoning laws?
a. BANANAs
b. NIMBYs
c. NUTs
d. BAMBIs
68. Acid rain is:
a. sulfur dioxide pollution from factories.
b. not now regulated by the federal government.
c. not part of EPA enforcement plan.
d. only a problem outside the United States.
69. An EIS is filed with the:
a. Council on Environmental Quality.
b. NPDES.
c. EPA.
d. none of the above
70. The Army Corps of Engineers has proposed the construction of a dam that will be of substantial benefit in
Tennessee in terms of economic development. The dam will also destroy the natural habitat of an endangered
species: the snail darter. The project:
a. does not require an EIS since the EPA is not involved in the project.
b. will require an EIS since the Army is involved.
c. cannot be completed under the Environmental Protection Act.
d. none of the above
71. In nonattainment areas, the EPA has the authority to:
a. impose construction moratoriums.
b. require NPDES permits.
c. halt all federal funds.
d. none of the above
72. Which of the following acts established the NPDES system?
a. Water Pollution Control Act of 1948
b. Water Quality Act
c. Rivers and Harbors Act
d. Federal Water Pollution Control Act of 1972
73. Which of the following acts established the Superfund?
a. Solid Waste Disposal Act
b. Resource Recovery Act
c. Toxic Substances Control Act
d. none of the above
74. Which of the following is not regulated by the EPA?
a. acid rain
b. nuisance
c. drinking water
d. toxic waste
75. The Oil Pollution Act of 1990:
a. covers the construction of domestic pipelines.
b. covers oil spills up to 200 miles offshore.
c. was repealed.
d. none of the above
76. First Banc loaned money to Best Batteries for the purchase of its factory. First Banc took a mortgage on the
factory and land. Best Batteries, because the price of its lifetime battery was so high, went out of business within
18 months. Best deeded the title to the factory and land back to First Banc. When First Banc sent in a clean-up
firm, it discovered that there were old and new batteries stacked everywhere on the property. First Banc:
a. has no responsibility for cleanup of the batteries.
b. can sell the property and disclaim liability in the purchase contracts and thus pass along the cleanup to the
buyer.
c. enjoys a lender‘s exemption from CERCLA liability.
d. none of the above
77. Which of the following parties could the EPA hold liable for toxic leaks from an underground storage tank?
a. current owner
b. past owner
c. current operator
d. all of the above
78. What new businesses were affected by the Clean Air Act amendments of 1990?
a. bakeries
b. dry cleaners
c. air conditioner repair services
d. all of the above
79. The Endangered Species Act:
a. requires only that an EIS be prepared.
b. applies only to government land.
c. applies to private and public lands.
d. none of the above
80. Ralph Waters owns forested land. The Department of the Interior has declared that a small fruitfly on his property
is an endangered species and prevented the harvesting of trees there. Ralph:
a. cannot harvest trees.
b. is entitled to compensation for a taking.
c. can challenge the determination in court.
d. None of the above.
81. Ace Hauling, Inc., has been transporting industrial tailings for companies around the Minneapolis/St. Paul area for
the past decade. The site at which the tailing were dumped has been designated at a CERCLA Superfund site. Ace
Hauling‘s board of directors voted to sell Ace to a new corporation created by legal counsel for Ace. All of Ace’s
assets, liabilities and contracts will be transferred to the new corporation whose owners are unaware of Ace’s
history. By creating the new corporation and transferring the assets:
a. Ace can avoid liability under CERCLA.
b. Ace has done nothing to change its CERCLA liability.
c. Ace can avoid any contractual liability under CERCLA.
d. Ace eliminates its liability if its directors have no say in running the new corporation.
e. none of the above
82. Which of the following actions would require the company to obtain a permit for discharge from the EPA?
a. Releasing water back into a stream after it was used in production with the only change being its
temperature.
b. Releasing water back into a stream after it was used in production, but in a state cleaner than it entered the
factory.
c. Releasing water into a pond on company property.
d. Releasing water from a power plant cooling tower into the ocean.
e. All of the above would require an EPA permit.
83. Which of the following remedies are available to remedy environmental hazards?
a. an EPA complaint
b. private citizen suit under federal environmental law
c. suit for nuisance
d. suit under state law
e. All of the above are available remedies.
84. “Moving to the nuisance”:
a. means that the nuisance activity must still be stopped.
b. means that there must be compensation for the nuisance-producing party to relocate.
c. means there are no remedies available for the nuisance.
d. is not permitted without an EIS.
e. none of the above
85. The Mega Borg had an oil spill in the Gulf of Mexico. What is the potential liability of the corporate owners of the
ship under the OPA?
a. $25,000/day or $1,000/barrel spilled.
b. There is no corporate liability under the OPA; only individual liability.
c. $250,000/day.
d. none of the above
86. First National has just foreclosed on the mortgage of one of its debtors, Rayon Chemical. It will be six months
before Rayon can sell the property. What can First National do with the property without risking CERCLA liability?
a. Inspect the property.
b. It is too late; foreclosure results in CERCLA liability.
c. Operate the plant.
d. none of the above
87. The Telecommunications Act of 1996:
a. prohibits local zoning authority over cell phone towers.
b. prohibits cell phone towers.
c. requires equal treatment for providers of functionally equivalent services.
d. none of the above
88. Which of the following would require the filing of an EIS?
a. expansion of an airport in a national park
b. allowing snowmobiles in a national park
c. erecting a research telescope facility in a national park
d. All of the above would require an EIS.
89. Brownfields:
a. are former Superfund sites that have been cleaned up.
b. are Superfund sites that are lying fallow.
c. cannot be sold or transferred.
d. both b and c
90. The U.S. Supreme Court ruled that the EPA has a mandate under the Clean Air Act to act on greenhouse gases
and global warming in which case?
a. Environmental Defense v. Duke Energy
b. Massachusetts v. EPA
c. Summers v. Earthland Institute
d. Union Electric v. EPA
91. An “innocent landowner”:
a. is one who owned a Superfund site but did not contribute to its contamination.
b. is one whose land value is affected by a Superfund site.
c. Is someone who wants to develop a brownfield.
d. none of the above
92. The federal government is required to build a border fence along the U.S. and Mexican border. As construction
began, several environmental groups brought suit because the Army Corps of Engineers and the Department of
Homeland Security had not complied with federal law. Which of the following federal laws would the two agencies
have to comply with before constructing the wall?
a. They would need to do due diligence on the land before building the fence.
b. They would need to do an EIS.
c. They would need to designate any area where the fence is located as a brownfield.
d. both b and c
93. Ergonomics operates a plant that manufactures plastic furniture. Residents complain that the smell from the plant is
like inhaling chlorine bleach. Ergonomics located its plant in the area in 1967. Residential development near the
plant began in 1999. The houses have grown closer and closer to the plant. The owners and the developer of the
residential projects near Ergonomics have filed suit against Ergonomics for creating a public nuisance.
a. Ergonomics was there first and there cannot be any finding of a nuisance as a result.
b. The residential property owner and developer have moved to the nuisance and remedies vary.
c. The residential property use and safety always take priority; Ergonomics must be closed down.
d. A smell does not rise to the level of a nuisance.
94. A homeowner is plagued with smells and dirt from a nearby factory. Suggest appropriate remedies.
95. What penalties exist for violation of federal environmental regulations?
96. What agencies are responsible for enforcement of regulations on the environment?
97. What environmental issues exist for a developer?
98. Explain how the EPA uses the “bubble concept.”
99. Explain the interests of parties and the issues involved in acid rain regulation.
100. Discuss how EMF problems can affect property values.
101. Discuss the scope of the Endangered Species Act.
102. Explain the steps in due diligence.
103. Why are so many service stations replacing their underground storage tanks?
104. Explain whether each of the following would require an EIS and why.
a. The creation of a heliport in a national park.
b. The construction of a new central post office clearing facility.
c. The placement of a federal research laboratory at the top of a mountain.
105. Explain the economic incentives under the Clean Air Act of 1990 for companies to have fewer emissions.
106. Describe what brownfields are and what the federal government had been doing to help manage them.
In June 1985, Joseph Marcantuone and Robert Gieson purchased property located in East Orange, New Jersey. At
the time of purchase, the property was partly occupied and leased to Carriage Trade Cleaners, a dry cleaning
establishment. A number of dry cleaners continuously operated on this site since 1930. Marcantuone and Gieson
owned and operated a grocery store on another section of the property. They have never personally owned or
operated a dry cleaning establishment on the property. JRM, LLC, and Sang Hak Shin were tenants on the property
and the last operators of the dry cleaning establishment that utilized the hazardous substance tetrachloroethylene, or
perchloroethylene (PCE), during the time Marcantuone and Gieson owned the property. The city of East Orange
acquired the property through condemnation for the purpose of building a school on the property. But, the PCE
was discovered on the property and out of the $629,407 given to Marcantuone and Gieson as compensation for the
taking, the city held back $182,035.20 for the cost of the PCE clean-up. It cost the city a total of $212,000 to
complete the clean-up of the property. The next five questions are based on this factual situation.
107. How would the city have discovered the PCE on the property prior to its valuation for condemnation?
a. Through inspection of the property and the presence of a dry-cleaning establishment.
b. Through land records tracing ownership of the dry-cleaning establishment.
c. Through soil tests.
d. all of the above
108. What is the process of evaluating property prior to purchase called?
a. An EIS
b. Due diligence
c. Nuisance abatement
d. BAT or MACT
109. Who is liable for the remaining amount due for the clean-up?
a. Marcantuone and Gieson
b. Lessees of the dry-cleaning establishment
c. Previous owners of the property
d. all of the above
110. Classify Marcantuone and Gieson.
a. Users
b. Lessees
c. Owners
d. Lenders
111. Classify JRM, LLC, and Sang Hak Shin.
a. Users
b. Lessees
c. Owners
d. Lenders
112. The U.S. Department of Agriculture (USDA) approved an application from Monsanto to plant genetically
engineered alfalfa seeds that resist Monsanto’s Roundup herbicide. Several environmental groups brought suit to
stop the planting because the USDA did not complete an EIS in carving out an exception for genetically engineered
crops. The fear is that the crops contain a bacterial gene that allows farmers to spray their fields for weeds without
harming the alfalfa or other crops because the bacteria allows the crops to resist the weed spray. When is an EIS
required?
a. When a federal agency is taking action that could impact the environment.
b. When an EIS is demanded by environmental groups.
c. When a federal agency takes any action.
d. When animal life is affected by federal agency action.
113. Who can bring suit to stop action by a federal agency?
a. Another federal agency
b. Citizen and environmental groups
c. Only the company or individual affected by the agency action
d. Only the Justice Department
114. The U.S. Department of Agriculture (USDA) approved an application from Monsanto to plant genetically
engineered alfalfa seeds that resist Monsanto’s Roundup herbicide. Several environmental groups brought suit to
stop the planting because the USDA did not complete an EIS in carving out an exception for genetically engineered
crops. The fear is that the crops contain a bacterial gene that allows farmers to spray their fields for weeds without
harming the alfalfa or other crops because the bacteria allows the crops to resist the weed spray. How do you
think the court ruled in this case?