Chapter 11 Mortgage lenders are exempt from liability under CERCLA

subject Type Homework Help
subject Pages 12
subject Words 2796
subject Authors Marianne M. Jennings

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page-pf1
1. SIPs are state plans for implementation of air quality standards.
a. True
b. False
2. SIPs must be approved by the EPA.
a. True
b. False
3. The Clean Air Act requires plants to use the maximum achievable control technology.
a. True
b. False
4. The bubble concept applies to nonattainment areas.
a. True
b. False
page-pf2
5. Sulfur dioxide emission permits can be sold under the 1990 Act.
a. True
b. False
6. The Rivers and Harbors Act was used, at one time, to control water pollution.
a. True
b. False
7. The 1970 amendments to the Clean Air Act were technology-forcing provisions.
a. True
b. False
8. An NPDES permit is required for point sources.
a. True
b. False
page-pf3
9. An NPDES permit is issued only with EPA approval.
a. True
b. False
10. The Superfund is available to private citizens through the filing of a lawsuit.
a. True
b. False
11. Violations of federal environmental laws carry both civil and criminal penalties.
a. True
b. False
12. An EIS must be filed for both private and governmental projects.
a. True
b. False
page-pf4
13. Nuisance is a common law anti-pollution doctrine.
a. True
b. False
14. A due diligence review should be done before property is purchased.
a. True
b. False
15. Mortgage lenders are exempt from liability under CERCLA.
a. True
b. False
16. The "bubble concept" examines pollution in one area as if it came from a single source.
a. True
b. False
page-pf5
17. Nonattainment areas are exempt from the Clean Air Act.
a. True
b. False
18. The Oil Pollution Act applies to cleanups in all navigable waters up to 200 miles offshore.
a. True
b. False
19. The Oil Pollution Act carries both corporate and officer penalties.
a. True
b. False
20. Only current landowners are liable for Superfund cleanups.
a. True
b. False
page-pf6
21. Private citizens may not bring suit under federal environmental legislation.
a. True
b. False
22. The Oil Pollution Act creates a trust fund for oil spill cleanup.
a. True
b. False
23. Many dry cleaners now charge an environmental surcharge to cover their costs on emissions compliance.
a. True
b. False
24. States are primarily responsible for the enforcement of the Safe Drinking Water Act.
a. True
b. False
page-pf7
25. The EU has the most extensive and active emissions permit trading market.
a. True
b. False
26. Only current property owners are liable under CERCLA.
a. True
b. False
27. For purposes of CERCLA, the definition of owner/operator does not include a lender with just a security interest.
a. True
b. False
28. The EPA has developed three categories of water pollutants: conventional, international, and toxic pollutants.
a. True
b. False
page-pf8
29. Insurance companies are not liable for CERCLA clean-up.
a. True
b. False
30. A nuisance must be a public nuisance to be actionable.
a. True
b. False
31. Those who transport and those who arrange for the transport of hazardous materials are liable under CERCLA.
a. True
b. False
page-pf9
32. The Endangered Species Act permits those desiring to protect a species as well as landowners affected by such
protection to challenge a determination of protection for a species.
a. True
b. False
33. The Clean Air Act is applicable only to businesses with 15 or more employees.
a. True
b. False
34. Lenders who repossess Superfund property can never be held liable for its cleanup.
a. True
b. False
page-pfa
35. Only actions taken by federal agents and agencies require the filing of an EIS.
a. True
b. False
36. State environmental laws are always superceded by the federal environmental laws.
a. True
b. False
37. A self-audit will increase EPA penalties for a company that conducts it.
a. True
b. False
38. A NIMBY is a property owner who opposes development or certain land uses.
a. True
b. False
page-pfb
39. The Telecommunications Act of 1996 deals with the placement of cell phone towers.
a. True
b. False
40. The parent corporation could have CERCLA liability for a subsidiary.
a. True
b. False
41. When there is a brownfield, no one is liable for the costs of clean-up.
a. True
b. False
42. The EPA provides incentives for both self-reporting and self-audits.
a. True
b. False
page-pfc
43. The Federal Partnership Action Agenda provides funding for brownfield projects.
a. True
b. False
44. Most insurers now include an exclusion policy on CERCLA exposure, but coverage is available as a policy rider.
a. True
b. False
45. Which of the following federal acts does not permit private citizen suits?
a. Resource Conservation and Recovery Act
b. Clean Air Act
c. Clean Water Act
d. All of the above permit private suits.
page-pfd
46. Which of the following acts controls point sources?
a. Clean Air Act
b. Toxic Substances Control Act
c. Clean Water Act
d. all of the above
47. Which of the following parties would be liable for the clean-up costs at an EPA-designated Superfund site?
a. current owner
b. immediate past owner
c. owner responsible for the toxic waste disposal
d. all of the above
48. How was the Rivers and Harbors Act of 1899 used in the pollution battle?
a. to prevent dumping into waterways
b. to prevent the transportation of toxic substances without a permit
c. to prevent all discharges
d. none of the above
page-pfe
49. Under which act was the EIS developed?
a. Clean Air Act
b. National Environmental Policy Act
c. Clean Water Act
d. Toxic Substances Control Act
e. all of the above
50. Effluent guidelines are:
a. part of the Clean Air Act.
b. part of the National Environmental Policy Act.
c. part of the Clean Water Act.
d. developed by the states.
e. none of the above
51. A public nuisance:
a. cannot be enjoined by a private citizen suit.
b. prevents recovery of damages by individual citizens.
c. is eliminated by federal environmental regulations.
d. none of the above
page-pff
52. The Superfund is:
a. tapped by Congress for surplus spending.
b. used for air pollution problems.
c. available by private citizen suit.
d. a trust fund.
e. none of the above
53. SIPs:
a. are state implementation plans for air quality standards.
b. are enforced by the state governments.
c. need not have EPA approval.
d. none of the above
54. Industrial groups are:
a. the basis for EPA effluent guidelines.
b. irrelevant in pollution standards.
c. relevant at state levels only.
d. none of the above
page-pf10
55. Litigation for EMFs have come from:
a. land owners.
b. adjoining land owners.
c. the federal government.
d. a. and b.
56. What is the standard for pollution control equipment under the 1990 Clean Air Act amendments?
a. best available technology
b. maximum achievable control technology
c. current available technology
d. none of the above
57. The EPA's emissions offset policy:
a. is used in water pollution issues.
b. does not include the "bubble concept."
c. is not technology-forcing.
d. none of the above
page-pf11
58. Environmental impact statements (EIS) must:
a. be written by all developers.
b. discuss the economic impact of the proposed action.
c. be written only when there is an air pollution concern.
d. contain alternate courses of action.
59. The 1990 amendments to the Clean Air Act:
a. were vetoed by President Bush.
b. require additional antipollution equipment on cars.
c. failed to address the acid rain issue.
d. do not support alternative fuels.
60. Basa Industries, Inc., because of processing changes, has "0" emissions from its plant in New Mexico. However,
Basa holds a permit for emissions from the EPA. Basa:
a. must return the permit to the EPA.
b. can sell the permit privately.
c. can sell the permit only through the EPA.
d. must use the permit or forfeit it in six months.
page-pf12
61. The University of Arizona has developed plans for the construction of a set of telescopes on Mount Graham in
southern Arizona. The project is a joint one with NASA and a French consortium. Mount Graham is the home for
the red mountain squirrel - a species near extinction. The University of Arizona:
a. need not file an EIS since it is not a federal agency.
b. need not file an EIS since there will be no air pollution.
c. need not file an EIS because of the lack of jurisdiction over the French participants.
d. must file an EIS.
62. Violations of the Clean Air Act:
a. carry civil and criminal penalties.
b. carry only civil penalties.
c. can be remedied only by a suit brought by another citizen.
d. are handled by the Justice Department.
63. If the EPA cleans up a toxic waste site, the cost of a cleanup can be recovered from the:
a. owner.
b. party who dumped the waste.
c. Superfund.
d. all of the above

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