1. Failure to comply with environmental laws can result in civil fines but not criminal penalties.
a.
True
b.
False
2. The Clean Water Act is inapplicable to ponds that are not adjacent to open water.
a.
True
b.
False
True
1
Easy
15-5 The Clean Water Act
3. The need to file a lawsuit in each case and the complexity of the common law made nuisance a cumbersome way to
control environmental pollution in an industrialized society.
a.
True
b.
False
True
1
Easy
15–1a Common Law Nuisance
4. Policy statements issued by the EPA have the force of law.
a.
True
b.
False
False
1
Moderate
15–1b Environmental Statutes and Regulations
5. Environmental law does not cover land-use regulation.
a.
True
False
1
Easy
15–10 Enforcement Activities and Sanctions for Noncompliance
b.
False
6. Environmental laws establish minimum standards to which companies must adhere.
a.
True
b.
False
True
1
Moderate
7. The EPA is a cabinet-level department.
a.
True
b.
False
False
1
Easy
15–2a Environmental Protection Agency
8. The principal goal of the Clean Water act is to eliminate the discharge of pollutants into the non-navigable waters of the
United States.
a.
True
b.
False
False
1
Easy
15-5 The Clean Water Act
9. The Toxic Substances and Control Act applies only to chemical substances manufactured in the U.S., not to imported
chemicals.
a.
True
True
1
Moderate
15–1c Natural Resources Laws
b.
False
10. The so-called “Tailpipe Rule” enacted by the EPA in 2010 requires most passenger vehicles to achieve 35.5 MPG by
2016.
a.
True
b.
False
True
1
Moderate
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
15-4 Climate Change: Federal and State Regulation of Greenhouse Gases
Blooms: Comprehension
11. According to the EPA, in order to avail itself of the third-party defense, one of the steps a prospective purchaser must
do is hire an environmental professional to conduct a site assessment.
a.
True
b.
False
True
1
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
15–8g Defenses
Blooms: Comprehension
12. Lenders are immune from liability under CERCLA if a contaminated property goes through foreclosure.
a.
True
b.
False
False
1
Moderate
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
15–8f Liability of Lenders and Fiduciaries
13. The Resource Conservation and Recovery Act bans the disposal of hazardous wastes onto land without treatment to
render them less hazardous.
False
1
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
15-6 Other Federal and State Chemical Regulations
Blooms: Comprehension
a.
True
b.
False
14. An important step in comprehensively managing environmental liability and reducing penalties for noncompliance is
to conduct periodic environmental audits.
a.
True
b.
False
True
1
Moderate
15–11e Periodic Environmental Audits
15. The BP oil spill in the Gulf of Mexico led to the largest accidental oil spill in history.
a.
True
b.
False
True
1
Moderate
16. State environmental laws may not be more stringent than federal laws.
a.
True
b.
False
False
1
Moderate
15–2b State Programs
17. Kentucky unveiled the first statewide cap-and-trade program to reduce greenhouse gases in the U.S.
a.
True
True
1
Easy
15-7 Resource Conservation and Recovery Act
b.
False
18. The Clean Air Act requires that national ambient air quality standards be set without regard for cost considerations.
a.
True
b.
False
True
1
Moderate
15-4 The Clean Air Act
19. A fundamental element of the U.S. scheme of pollution control is the policy that the polluter pays.
a.
True
b.
False
True
1
Moderate
20. Contractual arrangements to shift environmental liability between companies are binding on federal and state
governments.
a.
True
b.
False
False
1
21. Canada withdrew from the Kyoto Protocol.
a.
True
b.
False
True
1
Moderate
False
1
Moderate
22. Company X was responsible for 40% of the environmental pollutants on a hazardous waste site whereas Company Z
was responsible for the remaining 60%. Under CERCLA which of the following is true regarding the imposition of
liability on the parties?
a.
Company X and Company Z are subject to joint and several liability meaning that either can be held liable for
the total cleanup costs, and no contribution between the parties is available.
b.
Company X and Company Z are subject to joint and several liability meaning that either can be held liable for
the total cleanup costs, but contribution between the parties may be available.
c.
Regardless of whether both companies are still in business, Company X is responsible for only 40% of the
cleanup costs, and Company Z is liable for only 60% of the costs.
d.
Liability depends on who was the initial polluter because that party has primary liability for the total costs
whereas the other company has secondary liability in the event that the first polluter is no longer in business.
b
1
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
15–8c Joint and Several Liability
Blooms: Analysis
23. Under which of the following may a parent corporation be held liable under CERCLA for facilities ostensibly
operated by a subsidiary?
a.
As an owner of a subsidiary whose corporate veil has been pierced
b.
As an operator of the facility
c.
Both as an owner of a subsidiary whose corporate veil has been pierced and as an operator of the facility
d.
Under no circumstances may a parent corporation be held liable
1
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
15–8d Liability of Affiliated Companies and Piercing the Corporate Veil
Blooms: Application
24. Most environmental laws are administered by the:
a.
Council on Environmental Quality.
b.
Environmental Protection Agency.
c.
National Environmental Policy Commission.
d.
Resource Conservation and Recovery Agency.
b
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
DISC: – AICPA: BB-Legal
Global View: Climate Change, Kyoto and Beyond
Blooms: Comprehension
25. The Clean Air Act does not require which of the following?
a.
That the EPA must establish national ambient air quality standards.
b.
That every state must meet their individual air quality standards.
c.
That air quality in areas that already meet national standards cannot deteriorate.
d.
That the EPA must preserve natural visibility in the wilderness areas.
b
1
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
15-4 The Clean Air Act
Blooms: Comprehension
26. Laws addressing wilderness preservation, wildlife protection, coastal zone management, energy conservation, and
national part designation are referred to as __________ laws.
a.
protection
b.
environmental
c.
endangerment
d.
natural resources
d
1
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
15–1c Natural Resources Laws
Blooms: Comprehension
27. Under the Clean Air Act, if a nonattainment area fails to develop an adequate plan to attain the national standard,
which of the following penalties may be imposed?
a.
No penalties may be imposed by the federal government because only individual states may impose penalties.
b.
Limits on the use of federal highway funds.
c.
Limits on drinking-water hookups.
d.
Both limits on the use of federal highway funds and limits on drinking-water hookups.
d
1
Challenging
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
15-4 The Clean Air Act
28. Which of the following refers to the belief that decisions with environmental consequences should not discriminate
against poor and minority communities?
15-2 Administration of Environmental Laws
Blooms: Comprehension
a.
Fair allocation
b.
Brownfield containment
c.
Environmental justice
d.
Equitable allocation
29. The principal regulatory program established by the Clean Water Act is the:
a.
National Pollutant Discharge Elimination System.
b.
Federal Pollutant Reduction System.
c.
Uniform Water Pollution Requirements.
d.
Nationwide Clean Water Policy.
a
1
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
15–5a National Pollutant Discharge Elimination System
Blooms: Comprehension
30. When can a corporate officer be held civilly liable under the Clean Water Act?
a.
Corporate officers are strictly liable whenever a violation by their company is established.
b.
Only if the corporate officer specifically ordered the unlawful discharge.
c.
If the corporate officer had the authority to exercise control over the activity that caused the unlawful
discharge or if the officer knowingly violated the act.
d.
Corporate officers may never be held liable in an individual capacity.
c
1
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
15–5b Individual Liability of Corporate Officers
Blooms: Comprehension
31. The Resource Conservation Recovery Act imposes criminal sanctions for any person who “recklessly” transports
hazardous waste to a facility that does not have an EPA permit.
a.
True
b.
False
False
1
Moderate
c
1
Moderate
United States – BURPROG: – Analytic
DISC: – AICPA: BB-Legal
15-9 Environmental Justice
Blooms: Comprehension
32. The management of hazardous waste is governed by the __________ as amended.
a.
Clean Air Act
b.
Clean Water Act
c.
Solid Waste Disposal Act
d.
Federal Superfund Law
1
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
15-7 Resource Conservation and Recovery Act
Blooms: Comprehension
33. __________ is imposed upon the generator of hazardous waste by the Resource Conservation and Recovery Act.
a.
Negligence liability and responsibility
b.
Individual liability and responsibility
c.
Cradle to grave responsibility
d.
Joint and several liability
1
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
15–7a Cradle-to-Grave Responsibility
Blooms: Comprehension
34. Which of the following is NOT true regarding the adoption of the policy that the polluter pays?
a.
The European Union has adopted the policy that the polluter pays.
b.
Asia rejected the concept that the polluter pays.
c.
Delhi, India has begun more strict enforcement of some laws based on the concept that the polluter pays.
d.
The U.S. environmental scheme adheres to the idea that the polluter pays.
b
1
United States – AACSB: Diversity
DISC: – AICPA: BB-Legal
15–4b Can Energy Security Be Achieved Without Harming the Climate?
Blooms: Analysis
35. Which of the following authorizes the federal government to take remedial action in response to a release of hazardous
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
15–7b Criminal Liability
Blooms: Comprehension
substances into the environment?
a.
CERCLA
b.
Solid Waste Disposal Act
c.
Resource Conservation and Recovery Act
d.
Clean Air Act
36. Under CERCLA the Superfund money is spent:
a.
on a first come first served basis.
b.
based in part on a national priorities list.
c.
in chronological order from the date of the discovery.
d.
according to the allocation voted by Congress.
b
1
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
15-8 The Federal Superfund Law (CERCLA)
Blooms: Comprehension
37. __________ liability is the responsibility of an acquirer of corporate assets for the liabilities of the seller.
a.
Parent
b.
Successor
c.
Subsidiary
d.
Environmental
b
1
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
15–8e Successor Liability
Blooms: Comprehension
38. What does the Superfund Recycling Equity Act do?
a.
It exempts recyclers from liability in private-party actions under CERCLA.
b.
It exempts recyclers from suits brought by the state or federal government.
c.
It provides a 10% federal rebate for recycling expenses incurred by corporations engaged in recycling
activities.
d.
It provides a 5% federal rebate for recycling expenses incurred by corporations engaged in recycling activities.
a
a
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
15-8 The Federal Superfund Law (CERCLA)
Blooms: Knowledge
39. In the Pakootas v. Teck Cominco Metals, Inc. case discussed in the text, plaintiffs sued the defendant Canadian
corporation in a United States court, regarding an order under CERCLA pertaining to its contamination of water in
Canada that reached the U.S. Was the Canadian corporation subject to the courts of the United States?
a.
The court ruled that the defendant lacked the minimum contacts necessary to require it to submit to the
jurisdiction of a U.S. court.
b.
The court ruled that subject matter jurisdiction did not exist.
c.
The court ruled that the defendant was subject to jurisdiction in the U.S. court.
d.
The court ruled that the defendant lacked the minimum contacts necessary to require it to submit to the
jurisdiction of a U.S. court and that subject matter jurisdiction did not exist.
c
1
Challlenging
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
15–8i Extraterritorial Application
Blooms: Analysis
40. Under CERCLA which of the following is true if the EPA does cleanup work?
a.
The EPA can recover its cleanup costs from responsible parties.
b.
The EPA can recover its cleanup costs only from the present owner only.
c.
The EPA can recover its cleanup costs only from the owner at the time of disposal.
d.
The EPA can recover its cleanup costs from either the present owner or the owner at the time of disposal, but
from no one else.
a
1
Challenging
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
15-8 The Federal Superfund Law (CERCLA)
Blooms: Application
41. What level of culpability does CERCLA require before authorizing an award of punitive damages against a polluter?
a.
Intentional violation of the law
b.
Recklessness
c.
Negligence
d.
It is only required that the defendant be the responsible party in regard to the pollution with the defendant’s
mental state being irrelevant.
b
1
Challenging
1
Challenging
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
15–8g Defenses
Blooms: Analysis
42. Which of the following laws applies to pesticide products?
a.
Toxic Substances Control Act
b.
Federal Insecticide, Fungicide and Rodenticide Act
c.
Federal Rat Act
d.
Uniform Pesticide Act
b
1
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
15–1b Environmental Statues and Regulations
Blooms: Comprehension
43. CASE 15.1 Utility Air Regulatory Group v. EPA (2014), involved a question of whether the EPA’s regulation of
__________ for passenger vehicles triggered permits for __________ that emit greenhouse gases.
a.
pollution, stationary sources
b.
greenhouse gas emissions, statutory sources
c.
greenhouse gas emissions, commercial trucking vehicles
d.
greenhouse gas emissions, stationary sources
1
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
15-4 Climate Change: Federal and State Regulation of Greenhouse Gases
Blooms: Analysis
44. In the Monsanto Co. v. Geertson Seed Farms case discussed in the text, the court analyzed the issue of __________,
or whether the plaintiffs would suffer a(n) __________ traceable to a challenged act that would be redressed by a
favorable decision.
a.
industry protection, concrete injury
b.
national ambient air quality standards, concrete injury
c.
standing, concrete injury
d.
public nuisance, concrete injury
1
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
15-3 Standing
Blooms: Anaysis
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
15–8b Potentially Responsible Parties
Blooms: Application
45. Which of the following laws governs the quality of drinking water served by public drinking-water systems?
a.
Clean Sip Act
b.
Chemical Control Act
c.
Safe Drinking Water Act
d.
None of the responses are correct
46. Which of the following is currently the world’s top carbon polluter?
a.
Brazil
b.
India
c.
The U.S.
d.
China
d
1
Moderate
United States – AACSB: Diversity
DISC: – AICPA: BB-Legal
International Snapshot
Blooms: Comprehension
47. Abandoned or historically polluted sites are governed by the __________ whereas the __________ covers current and
future hazardous waste treatment facilities.
a.
Comprehensive Environmental Response, Compensation, and Liability Act; National Pollutant Discharge
Elimination System
b.
Resource Conservation and Recovery Act; National Pollutant Discharge Elimination System
c.
Resource Conservation and Recovery Act; Comprehensive Environmental Response, Compensation, and
Liability Act
d.
Comprehensive Environmental Response, Compensation, and Liability Act; Resource Conservation and
Recovery Act
d
1
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
15-8 The Federal Superfund Law (CERCLA)
15-7 The Resource Conservation and Recovery Act
Blooms: Application
48. The __________ occurs when individuals exploit a limited shared resource and contribute to its depletion knowing
that there will be a detrimental impact in the long term.
c
1
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
15–1b Environmental Statues and Regulations
Blooms: Comprehension
a.
impact on the masses
b.
destructive resources impact
c.
tragedy of the commons
d.
absolute negative
49. A(n) __________ is an effect of a purchase or use decision by one set of parties on others who did not have a choice
and whose interest was not taken into account.
a.
externality
b.
bystander influence
c.
afflicting action
d.
effectation
a
1
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
Economic Perspective: Externalities and the Tragedy of the Commons
Blooms: Comprehension
50. Which of the following is false regarding defenses to liability under CERCLA?
a.
A defense to liability is that the release of hazardous substances was caused solely by an act of God, such as an
earthquake.
b.
A defense to liability is that the release of hazardous substances was caused solely by an act of war.
c.
A defense exists for purchasers of brownfields, contaminated sites that are eligible for cleaning and reclaiming
with assistance from the Superfund.
d.
A defense exists if the defendant is less than 50% at fault for the contamination.
d
1
Challenging
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
15–8g Defenses
Blooms: Analysis
51. In the American Electric Power Co. v. Connecticut case discussed in the text, eight states, New York City, and land
trusts sued electric power corporations for contributing to global warming in violation of federal common law and state
nuisance law. How did the U.S. Supreme Court rule?
a.
The court ruled that no cause of action existed under either federal or state law because the case involved a
nonjusticiable political question.
b.
The court ruled that the plaintiffs could proceed to a jury trial under both federal common law and state
c
1
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
Economic Perspective: Externalities and the Tragedy of the Commons
Comprehension
nuisance law.
c.
The court ruled that a cause of action under federal common law was available but that the plaintiffs could not
proceed under state nuisance law.
d.
The court ruled that a cause of action under federal common law was foreclosed but remanded the case for
consideration of whether state nuisance law would provide a cause of action.
52. Which of the following is true regarding the authority of administering agencies?
a.
The environmental laws give broad authority to the administering agencies to conduct on-site inspections of
plant facilities and their records.
b.
The environmental laws give limited authority to the administering agencies to conduct on-site inspections of
plant facilities and their records.
c.
The environmental laws give no authority to the administering agencies to conduct on-site inspections of plant
facilities and their records.
d.
The environmental laws give limited authority to administering agencies to conduct on-site inspections of
plant records, but facilities may not be directly inspected by administering agencies.
a
1
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
15–10 Enforcement Activities and Sanctions for Noncompliance
Blooms: Comprehension
53. Environmental __________ is a systematic and ongoing process for determining whether property contains or emits
hazardous substances and whether a company is in compliance with environmental laws
a.
awareness
b.
justice
c.
due diligence
d.
risk management
c
1
Moderate
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
The Responsible Manager: Managing Environmental Risks
Blooms: Comprehension
54. Toby is the commissioner of environmental matters for State X, the state with the cleanest air in the nation. U.S.
Pollution Company wants to move into State X. Unfortunately, State X has had a severe economic downturn. Many of the
citizens are ready to trade some environmental cleanliness for jobs. Toby is on the hot seat. The governor and others say
that State X has done very well and has always beaten all other states in meeting national ambient air quality standards. In
d
1
Challenging
United States – BUSBROG: – Analytic
DISC: – AICPA: BB-Legal
15–1a Common Law Nuisance
Blooms: Analysis
fact, State X is so far in compliance that Pollution Company could operate for many years before there was a problem.
What would you suggest to Toby regarding compliance with the Clean Air Act?
a.
Toby should disregard the Clean Air Act so long as his state is meeting national ambient air quality standards.
b.
Toby should disregard the Clean Air Act so long as his state is meeting national ambient air quality standards,
and he can show an economic downturn of at least 10% in his state over the past 12 months.
c.
Toby should disregard the Clean Air Act so long as his state is meeting national ambient air quality standards,
he can show an economic downturn of at least 10% in his state over the past 12 months, and he can show an
increase in the unemployment level of at least 5% in his state over the past 12 months.
d.
Toby should not disregard the Clean Air Act because it requires that air quality in those areas that meet the
national ambient air quality standards not be allowed to deteriorate.
Fact Pattern 15-1
Gretta is the CEO of a paper company built near a river used in interstate commerce although the state in which the
company is located is land locked and not near the coast. Gretta determines that a significant amount of money needs to
be spent to comply with the federal Clean Water Act. She is already in trouble with stockholders because of low profits
and does not wish to spend extra money on pollution control. Therefore, she instructs employees to simply dump waste
into the river. She was aware that she would be fired if the company received a heavy fine, but she decided to take the risk
because she was in danger of being fired if profits did not come up anyway. Also, while Gretta believed that the Clean Air
Act applied; Linda, a majority stockholder, told her that the Clean Water Act would not apply based upon the location of
the plant.
55. Refer to Fact Pattern 15–1. Is Linda correct in her argument that the Clean Water Act would not apply based upon the
location of the plant?
a.
Yes, Linda is correct that the Clean Water Act would not apply because the state does not border the coast.
b.
Yes, Linda is correct that the Clean Water Act would not apply because a river would not be considered a
navigable waterway.
c.
Yes, Linda is correct that the Clean Water Act would not apply because the state does not border the coast and
also because a river would not be considered a navigable waterway.
d.
No, Linda is incorrect; the river would be considered a navigable waterway; it does not matter that the state is
not on the coast; and the Clean Water Act would apply.
d
1
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
15-5 The Clean Water Act
Blooms: Analysis
56. Refer to Fact Pattern 15–1. Does Gretta have any greater danger in this situation than being fired?
a.
Yes, she can be held individually liable for the pollution since she knowingly violated the Clean Water Act;
d
1
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
15-4 The Clean Air Act
Blooms: Analysis
and she could face a fine as well as jail time.
b.
Yes, she can be held individually liable for the pollution since she knowingly violated the Clean Water Act;
but she could only be fined, not sent to jail.
c.
So long as the majority shareholder approves of her actions, she cannot be fined or sent to jail for any
environmental violation.
d.
No.
57. The European Union, which had adopted the Kyoto Protocol, adopted a(n) __________, which is a market based
system that caps the amount of carbon dioxide that companies are allowed to emit.
a.
Cap-and-Trade System
b.
Due Diligence Assessment
c.
Superlien Strategic Environmental Management system
d.
Random Cap-and-Audit System
a
1
Moderate
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
Global View: Climate Change, Kyoto and Beyond
Blooms: Application
58. Tina is the president of Bank X which holds a mortgage on a company found liable for illegal disposal of hazardous
waste. The company has stopped paying on its loan to Bank X. Tina would like to foreclose, but she does not want the
bank to become liable under CERCLA as an owner. What should she do?
a.
Tina should do nothing because foreclosure would automatically result in the bank becoming liable under
CERCLA for clean-up costs.
b.
Tina should go ahead and foreclose because so long as the bank did not participate in the management of the
facility prior to foreclosure, the bank will not be considered liable under CERCLA for clean-up costs.
c.
Tina should immediately arrange for the bank to become involved in managing the facility because so long as
the bank participated in the management of the facility prior to foreclosure, the bank will not be considered
liable under CERCLA for clean-up costs.
d.
Tina might as well go ahead and foreclose because as a mortgage holder, the bank is already automatically
liable under CERCLA for clean-up costs.
b
1
Challenging
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
15-8 The Federal Superfund Law (CERCLA)
Blooms: Analysis
a
1
Challenging
United States – BUSPROG: – ANALYTIC
DISC: – AICPA: BB-Legal
15-5 The Clean Water Act
Blooms:Analysis
59. Explain in detail EPA practice in regard to approving a state program in lieu of the EPA’s federal program.
60. Set forth the Clean Air Act’s four types of air quality goals.
61. Explain what the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act (RCRA)
authorizes the EPA to do.
62. The federal government originally did not regulate the pollution created by industry. As environmental law developed,
the government began to issue permits to businesses to control and regulate the amount of their pollution. Many industries
claim that the cost of compliance with current environmental laws unduly hampers their ability to compete effectively in
the marketplace. Is it fair to business owners to be burdened with these costs? Are the strict liability provisions in the
federal environmental acts ethical and fair? Discuss fully.
63. Who are potentially responsible parties under CERCLA?
64. Compare the substantial continuity test in regard to successor liability with the mere continuation test. Which test is
applied by the majority of states?
65. Define the term “navigable waters” as used in the Clean Water Act and set forth what the U.S. Supreme Court has said
that the term includes and excludes. Why was the U.S. Supreme Court concerned with limiting the scope of the term
“navigable waters”?
66. What is the Kyoto Protocol? Is the U.S. a signatory?