Chapter 25a All environmental law consists of statutes and regulations

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?

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