Chapter 25a All environmental law consists of statutes and regulations

Document Type
Test Prep
Book Title
The Legal Environment of Business: Text and Cases: Ethical-- Regulatory-- Global-- and Corporate Issues 8th Edition
Authors
Frank B. Cross, Roger LeRoy Miller
1. All environmental law consists of statutes and regulations.
1. 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.
1. State laws may restrict a business’s discharge of chemicals into the air
or water.
1. States may restrict emissions from motor vehicles.
1. An environmental impact statement is required for every major federal
action that significantly affects the quality of the environment.
1. Federal statutes and regulations do not cover mobile sources of air
pollution.
1. The Environmental Protection Agency periodically updates the pollution
standards.
1. There are no plans to develop national standards regulating the fuel
economy and emissions for medium- and heavy-duty trucks.
1. The primary responsibility for implementing air-quality standards rests
with the federal government.
1. Only the Environmental Protection Agency can sue violators of emission
limits under the Clean Air Act.
1. Different standards for air quality apply to existing sources of pollution
and major new sources.
1. Corporate officers cannot be subject to penalties for violations of the
Clean Air Act.
1. Any point source emitting pollutants into water must have a permit.
1. The Clean Water Act includes special provisions for toxic chemicals
and for oil spills.
1. New sources of water pollutants must install pollution-control equipment
before beginning operations.
1. The Environmental Protection Agency defines wetlands as “lands that
are wet.”
1. States have the primary responsibility for enforcing the permit system
for point-source water pollution control.
1. The Environmental Protection Agency sets minimum levels for pollutants
in public water systems.
1. The Environmental Protection Agency can regulate a substance that
poses an imminent hazard but cannot prohibit the use of a substance
altogether.
1. The government can recover the cost to clean up a hazardous waste
disposal site from the persons who were even remotely responsible.
1. 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.
1. 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.
1. 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.
1. 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.
1. The Environmental Protection Agency (EPA) has the authority to regu-
late “any air pollutant.” Fresher Air Group, a private organization, sup-
ports 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.
1. 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.
1. Truckers Storage Depot, a private company, wants to build a ware-
house on private land. For this action, an environmental impact state-
ment is
a. prohibited.
b. required.
c. unnecessary.
d. voluntary.
1. 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.
1. 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.
1. 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.
1. Fried Food, Inc., operates a commercial frying plant, discharging pollut-
ants 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.
1. 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.
1. 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.
1. 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.
1. 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.
1. 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.
1. 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.
1. Industry Processes Corporation generates solid waste considered haz-
ardous. Industry labels and packages properly all waste to be trans-
ported 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.
1. 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.
1. United Disposal, Inc., operates a hazardous waste disposal site that ac-
cepts 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.
1. 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?
1. 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?
1.#

Trusted by Thousands of
Students

Here are what students say about us.

Copyright ©2022 All rights reserved. | CoursePaper is not sponsored or endorsed by any college or university.