FINA 2244 Chapter 21
In an action alleging environmental damage, by use of the common law of trespass, the plaintiff must show that the:
"invasion" of the plaintiffs property by the defendants pollution is physical
The elimination of CFCs (cloroflourocarbons) to protect atmospheric ozone cost the world economy an estimated:
$200 billion
Which of the following is a global environmental issue?
All of the other choices
New plans that discharge pollutants into the waters of the U.S are subject to:
New source performance standards
To comply with the Clean Water Act, businesses that discharge wastes into a waterway must:
Obtain a discharge permit and meet the effluent limits set by EPA for each chemical
Under the common law, if a court found that a polluter provided a community with economic benefits, it would be likely to rule that the polluter should:
Pay damages to those who suffered injury
Which of the following is not a part of the Clean Water Act:
Water pollution standards based on evidence of harm to humans and aquatic species
New plants may be built in Prevention of Significant Deterioration(PSD) areas if the:
plant owner shows that it will not cause the area's maximum allowable increase to be exceeded
The maximum allowable increase of air pollution:
was eliminated from the Clean Air Act requirements
Every state implementation Plan for air quality must include:
All of the other choices
Non-point source pollution includes:
All of the other choices
Which of the following is NOT a part of the Clean Water Act:
All of the other choices are part of the Act
Wetlands may include such areas as:
All of the other choices may be wetlands
Toxic, or unconventional water pollutants, are subject to an emission standard known as:
Best available technology
In general, conventional water pollutants, such as human waste, are subject to an emission standard known as:
Best conventional technology
Which of the following is NOT a major pollutant regulated by the Clean Air Act:
Carbon Dioxide
To help enforce the Clean. Air Act, in some. cases besides EPA enforcement there may be:
Citizen Suits
Under the 1990 Clean Air Act:
Congress required further reductions in the emissions of toxic pollutants
Prior to passage of the Clean Air Act, the clean water act , and other regulatory statutes in the 1970s, the most important protection for the environment came from:
Individual action since there was no law to deal with such problems
Under Superfund, if there is a hazardous waste site, liability for cleaning it up is apportioned among responsible parties according to:
Joint and several liability, whereby any one party could pay the entire bill
New plants that discharge pollutants into the waters of the U.S are subject to:
New source performance standards
An area that has what the EPA classifies as "dirty air" that does not satisfy the air quality standards is known as a:
None of the other choices
Applied to pollution cases, private nuisance is:
None of the other choices
During the 1960s the public became more concerned about the environment. The concern at that time was sparked, in part, by:
None of the other choices
Firms that have water pollution permits must monitor their own performance and file what are called:
None of the other choices
Hardy makes pesticides. Run-off from its factory goes into gullies that run into Cane Creek, a trickle of water that rarely has fish in it and it is not used for recreation. Part of the year, the creek runs into a river. The outcome of EPA's regulation of Hardy's pollution would be:
None of the other choices
To grow cranberries, Eva used a wet area on her property. When cranberries were linked to cancer and the market for cranberries collapsed, Eva wanted to drain the wet area to be able to raise goats because goat cheese is popular. To make this change Eva must:
Obtain a permit from the U.S Army Corps of Engineers
The main goal of the Clean Water Act of 1972 is to:
Restore and maintain the integrity of the waters of the U.S
Until the early 1970s environmental pollution was not subject to EPA regulation. Which entity was primarily responsible for pollution litigation?
State and local laws
The U.S. Sentencing Guidelines allow punishment for environmental crimes to be lessened if a company has a record of doing which of the following:
Voluntarily. reporting illegal actions
The U.S. Sentencing Guidelines allow punishment for environmental crimes to be lessened if a company has a record of doing which of the following:
Voluntary reporting illegal actions and strong internal compliance programs
Lowest Achievable Emissions Rate Technology is:
a more stringent requirement than the Best Available Technology requirement
Citizens who sought. relief from pollution through the common law relied on which laws:
negligence, nuisance and trespass
The Clean Air Act requirements are:
applicable to six major air pollutants
The developed nations of the world agreed to ozone protection be eliminating CFC's. To do this, they set up a fund to:
None of the other choices
The Williams live on a farm. BG Company has been drilling for oil next to their property. The Williams' water now stinks and contains assorted chemicals. Tests show the water has been tainted with the chemicals used in BG's drilling. If the Williams sue BG for damages for their tainted water well, what theory would they best use?
Strict Liability in tort
Biotechnology products are subject to regulation under:
TSCA
Suppose a coal-burning electric generation plant emitted significant amounts of pollutants into the atmosphere. A property owner living downwind of the plant who sued the plant for trespass would not have to provide which of the following elements:
That the plant intended to harm the property owner
Applied to pollution cases, private nuisance is:
an unreasonable interference with the use and enjoyment of one's land
The Clean Air Act:
requires each state to develop a state implementation plan and places the primary enforcement burden on states
In practice, the focus of the Endangered Species Act is on:
stopping or altering activity on private or public land when endangered species are present
Under the Clean Water Act:
the EPA develops effluent guidelines on an industry by industry basis
Public nuisance cases are usually brought against a polluter by:
the city attorney or other similar public official in the community's name
Prior to passage of the Clean Air Act, the Clean Water Act, and other regulatory statutes in the 1970s, the most important protection for the environment came from: (a) state pollution control agencies (b) internal pollution control treaties (C) common law remedies (d) interstate compacts to deal with pollution (e) individual action since there was no law to deal with such problems
Common law remedies
Each year about 100 environmental offenses have been dealt with by government officials by:
Criminal Convictions
If a defendant company was found to have secretly dumped hazardous chemicals in a pond next to plaintiff's property, the court would be likely to hold that the:
Defendant was strictly liable for plaintiffs injuries because its pollutants contaminated the surface and ground water
In a case at common law fro trespass, which is necessary
None of the other choices
In general, conventional water pollutants, such as human waste, are subject to an emission standard known as:
None of the other choices
In practice, the focus of the Endangered Species Act is on:
None of the other choices
Nonattainment areas under the Clean Air Act:
None of the other choices
The Clean Air Act established specific procedures for:
None of the other choices
The main goal of the Clean Water Act of 1972 is to:
None of the other choices
The most important law that addresses protection for all wildlife and plant is:
None of the other choices
The recycling of products containing mercury has meant that:
None of the other choices
The superfund is funded by:
None of the other choices
To help further the goal of water pollution reduction, states must do what regarding point source pollution:
None of the other choices
Under the 1990 Clean Air Act:
None of the other choices
Under the doctrine of riparian water law, persons living along a body of water:
None of the other choices
R&G makes and sells pesticides. By statute, R&G must:
Provide evidence that their products do what they claim they will do
Under the doctrine of riparian water law, persons living along a body of water:
may use the water in a reasonable manner and must pass on the water in usable form
Every state Implementation Plan for air quality must include:
measures for monitoring air quality and emissions from pollution sources and schedules and timetables for compliance
The Clean Air Act requirements are:
none of the other choices
The Superfund is funded by:
none of the other choices
The clean air act:
requires each state to develop a State Implementation Plan and places the primary enforcement burden on states
