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1. Injured individuals can rely on the common law to obtain damages and
injunctions against business polluters.
1. A public authority—such as a state’s attorney general—can sue to stop a
“public” nuisance.
1. State laws may not regulate a business’ s disposal of toxic wastes.
1. Cities and counties may not restrict emissions from motor vehicles.
1. If an agency decides that an environmental impact statement is unnec-
essary, it need not issue a statement supporting this conclusion.
1. Federal statutes and regulations do not cover stationary sources of
air pollution.
1. The Environmental Protection Agency has concluded that greenhouse
gases, including carbon dioxide emissions, do not constitute a public
danger.
1. The Environmental Protection lists all hazardous air pollutants (HAPs)
on a prioritized schedule.
1. Those who knowingly violate the Clean Air Act are exempt from
liability.
1. Performance standards for major sources of air pollution require the
use of the any available technology, or AAT.
1. Pollution not from point sources, such as runoff from small farms, is
subject to the same regulation as pollution from point sources.
1. Water-quality standards are set by the states under Environmental
Protection Agency supervision.
1. National effluent (pollution) standards are set by the Environmental
Protection Agency for each industry.
1. The courts have considerably scaled back the Clean Water Act’s
protection of wetlands.
1. Under the National Pollutant Discharge Elimination System, firms that
have discharge permits need not monitor their own performance.
1. Operators of public water systems must meet the Environmental
Protection Agency’s standards regardless of the economic and
technological feasibility.
1. Only offshore oil facilities that discharge oil into navigable waters are
liable for the clean-up costs.
1. Environmental clean-up efforts include control of toxic chemicals used in
agriculture and in industry.
1. It is a violation of federal law to destroy or deface any labeling
required on a pesticide or herbicide.
1. When a release of hazardous chemicals from a site occurs, potentially
responsible parties can avoid liability through transfer of ownership.
1. Verna makes a living by commercial fishing in a river allegedly polluted
by Wall Paint Company. To bring a suit against Wall Paint on the
ground of private nuisance, Verna must allege that she suffers from
a. a distinct harm separate from that affecting the general public.
b. a lesser harm than an injunction would impose on Wall Paint.
c. Wall Paint’s failure to use reasonable care to avert herm to
Verna.
d. the same harm as that affecting the general public.
1. Natural Gas Company does not use proper filters on its smokestacks,
which consequently pollute the air. Obie, a Natural Gas employee,
suffers respiratory illness. To succeed in a suit against Natural Gas on
the ground of negligence, Obie must show that he suffers from
a. a distinct harm separate from that affecting the general public.
b. a lesser harm than an injunction would impose on Natural Gas.
c. Natural Gas’s failure to use reasonable care to avert herm to
Obie.
d. the same harm as that affecting the general public.
1. Rock Mining Company operates a gravel pit next to Sid’s residence.
Sid files a suit against Rock, alleging that the pit is a nuisance and
unreasonably interferes with Sid’s enjoyment of his property.Refer to
Fact Pattern 25-1B. The court is most likely to award Sid an
injunction
a. if letting the pollution continue is equally as harmful as
stopping it.
b. if letting the pollution continue is less harmful than stopping it.
c. if letting the pollution continue is more harmful than stopping it.
d. under no circumstances.
1. Rock Mining Company operates a gravel pit next to Sid’s residence.
Sid files a suit against Rock, alleging that the pit is a nuisance and
unreasonably interferes with Sid’s enjoyment of his property.Refer to
Fact Pattern 25-1B. The court is most likely to award Sid damages
a. if letting the pollution continue is equally as harmful as
stopping it.
b. if letting the pollution continue is less harmful than stopping it.
c. if letting the pollution continue is more harmful than stopping it.
d. under no circumstances.
1. Arcata, California, passes an ordinance to regulate waste disposal. The
disposal of waste may also be regulated by
a. all other levels of government.
b. no other levels of government.
c. the federal government only .
d. the California state government only.
1. Ultra Kleen, Inc., operates a chain of laundry establishments throughout
the United States. The government entity that is most likely to be
involved in regulating the chain’s environmental impact is
a. Congress.
b. federal and state regulatory agencies.
c. local chambers of commerce.
d. local police departments.
1. New Town Construction, Inc., wants to build a parking ramp to connect
to its New Town Mall, both of which are on private land. For this
action, an environmental impact statement is
a. prohibited.
b. required.
c. unnecessary.
d. voluntary.
1. Midwest Power Corporation wants to build a nuclear power plant on pri-
vate land, for which a federal permit is required. For this action, an en-
vironmental impact statement is
a. prohibited.
b. required.
c. unnecessary.
d. voluntary.
1. Rural Electric Company submits a bid to build a dam on federal land
as part of a federal project. For this action, an environmental impact
statement is most likely
a. prohibited.
b. required.
c. unnecessary.
d. voluntary.
1. The Social Security Administration hires Thorough Paving, Inc., to
repave a parking lot. For this action, an environmental impact statement
is most likely
a. prohibited because the action does not affect the environment.
b. required because the action is “federal.”
c. unnecessary because the action is not “major.”
d. voluntary because the action does not affect the environment.
1. Bread & Pastries Baking Company operates a commercial baking 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 baking is not considered to be polluting.
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. The operations of Metal Refining Industries, Inc., are major sources of
air pollution. These operations must use
a. the absolutely cleanest air technology.
b. the best available filter technology.
c. the maximum achievable control technology.
d. the most affordable scrubbing technology.
1. Green River Energy Corporation wants to begin operations that include
the discharge of waste into navigable waters. Under the Clean Water
Act, Green River must install certain equipment
a. after beginning operations.
b. before beginning operations.
c. during operations.
d. only if a regulatory agency challenges the discharge.
1. Timberline Plywood Company discharges its untreated wastewater into
Urban City’s storm drainage pipes, which empty into Valley Creek.
Under the Clean Water Act, this discharge is most likely
a. a violation.
b. not a violation because the company does not own the pipes.
c. not a violation because water is not a stationary source.
d. not a violation because a storm drainage pipe is not a point
source.
1. Without a permit from the U.S. Army Corps of Engineers, Holiday
Timeshares, Inc., fills a wetlands area that it owns before constructing
a residential resort. Under the Clean Water Act, this is most likely
a. a violation.
b. not a violation because a permit is not needed to fill wetlands.
c. not a violation because the area was filled before construction.
d. not a violation because there was no discharge of pollution.
1. Little City Company operates a public water supply system. Little must
send to every household that it supplies with water an annual
statement describing
a. Little’s financial situation and material facts that might affect it.
b. other businesses in which Little is involved and to what extent.
c. parties who might be held liable if pollution problems arise.
d. the source of the water, and any contaminants and health
concerns.
1. Petro Industries, Inc., operates an oil refinery near Quigley River, which
flows into Royal Lake. Discharging oil from the refinery into the river
can result in
a. penalties and damages.
b. penalties only.
c. damages only.
d. no penalties or damages.
1. Hydraulic Equipment Company makes its products without required
pollution control technology, causing a discharge of oily waste into the
nearby Idle Lake. This activity can result in
a. a criminal fine or imprisonment only.
b. a criminal fine, imprisonment, or an injunction only.
c. a criminal fine, imprisonment, an injunction, or damages.
d. an injunction only.
1. Hi-Yield Agriculture, Inc., makes a pesticide with a one-in-a-million risk
to people of developing cancer from exposure. This substance must be
a. disposed of before anyone develops cancer.
b. registered before it is sold.
c. taken off the market and placed in temporary storage.
d. used only in a way that avoids exposure to people.
1. Remote Disposal Company operates a hazardous waste storage facility.
Concerned that there may be a release of chemicals from the site,
Remote sells the property to Serene Developers, Inc. If there is a
release, Remote is most likely
a. liable.
b. not liable because the site was sold before the release.
c. not liable because Remote was concerned about the release.
d. not liable because Remote no longer operates the facility.
1. Resource Mining Company’s (RMC) complex spews smoke and odors.
The site features its own rail system, and trucks enter and exit the
complex night and day. Sam and other residents of an adjacent
neighborhood can feel the vibrations of the trains and trucks, and suffer
other effects from RMC’s operations. Sam and others file a suit against
RMC. Why might the court rule in favor of RMC?
1. Jack owns land located outside Metro City. Jack sells the land to
Quality Disposal, Inc., which establishes a hazardous waste disposal
facility at the site. Quality Disposal accepts only waste transported by
Regional Trucking Company exclusively from Consolidated Industries,
Inc. Several years later, Quality Disposal closes its facility and sells the
land to Price Rite Corporation, which builds a Price Rite Discount Store
on the site. Meanwhile, some of Metro’s citizens complain to the
Environmental Protection Agency (EPA) that Metro’s municipal water
supply is polluted. The EPA investigates and discovers that the sources
of the pollution are leaks of hazardous waste from what is now the
Price Rite property. The EPA cleans up the site. Who can be held
liable for the cost of cleaning up the site? What standards must Metro
meet regarding the water?
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