BLAW310: Chapter 18 - Environmental Law, Chapter 17 BLAW 310 Chase Edwards
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
$30,000 per day
A plaintiff who proves unlawful discrimination may be awarded reinstatement, back pay, but not retroactive promotions.
F
The Civil Rights Act of 1964 prohibits discrimination against job applicants on the basis of national origin.
F
There is no cap on damages for discrimination in violation of the Civil Rights Act of 1964.
F
Title VII of the Civil Rights Act of 1964 does not apply to employers with fifteen or more employees
F
Title VII of the Civil Rights Act of 1964 prohibits only intentional discrimination.
F
Under the Age Discrimination in Employment Act of 1967, a plaintiff must prove that he or she was replaced by a person "outside the protected class."
F
Under the Americans with Disabilities Act of 1990, an employer must hire unqualified applicants who have disabilities.
F
A barge owned by Bayshore Shipping Company discharges some of the oil contained in its hold into Chesapeake Bay and onto the shore. Under the Oil Pollution Act, this is most likely
a violation
Ultrahazard Removal & Disposal Corporation transports radioactive materials. Vincent, an Ultrahazard employee, is diagnosed with radiation sickness after exposure to the materials. Vincent's suit against Ultrahazard to recover for the injury is known as
A toxic tort
A plaintiff alleging wage discrimination must file a complaint within a certain period of time of the decision that set the discriminatory pay.
F
Constructive discharge is a theory that plaintiffs can use to establish only certain types of discrimination claims.
F
Employers can consider mitigating measures or medications when determining if an individual has a disability that fits the definition in the Americans with Disabilities Act of 1990.
F
Employers can require employees to participate in religious activity.
F
Federal law does not prohibit employers from engaging in gender-based wage discrimination.
F
Federal law prohibits employers from classifying jobs as male or female.
F
Intentional discrimination is known as disparate-impact discrimination.
F
Mere fear of litigation is a sufficient reason for an employer to engage in reverse discrimination.
F
Sexual harassment occurs only if sexual favors are demanded of an employee.
F
State employers are not immune from private suits brought by employees under the Age Discrimination in Employment Act of 1967.
F
State employers are not immune from private suits brought by employees under the Americans with Disabilities Act of 1990.
F
A tangible employment action is a significant change in employment status or benefits.
T
An employer may be liable for the harassment by nonemployees if the employer knew about the harassment and failed to take corrective action.
T
Employee demotion will support a finding of constructive discharge, particularly when the employee was subjected to humiliation.
T
Employers cannot treat their employees more or less favorably based on their religious beliefs or practices.
T
If a job applicant or an employee with a disability, with reasonable accommodation, can perform essential job functions, the employer must make the accommodation.
T
Making out a prima facie case of discrimination means that a plaintiff has met his or her initial burden of proof.
T
Protection against discrimination under the Civil Rights Act of 1964 extends to individuals who are sexually harassed by members of the same gender.
T
Section 1981—a federal statute that prohibits discrimination on the basis of race or ethnicity in the formation or enforcement of contracts—can provide a basis for a plaintiff's employment-discrimination action.
T
The rights of employees to bring discrimination claims against their employer as a group, or class, is limited.
T
Under the Age Discrimination in Employment Act of 1967, the plaintiff must show that unlawful discrimination was the reason for an adverse employment action.
T
When a job requirement excludes members of a protected class from an employer's workforce at a substantially higher rate than nonmembers, discrimination occurs.
T
When the harassment by co-workers creates a hostile working environment, an employee may have a cause of action against the employer.
T
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 distinct harm separate from that affecting the general public
Grease & Lubricants Inc. makes its products without required pollution control technology, causing a discharge of oily waste into the nearby Holly Lake. This activity can result in
a fine, an injunction, and imprisonment
Refuse Reuse & Disposal Center operates a recycling plant. Stan and other Refuse Reuse neighbors file a suit, alleging injuries from the plant. To succeed, they must show that the defendant failed to use reasonable care if the suit is based on
a negligence theory
Bread 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 violation
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 violation
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 violation
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 violation
Without a permit, 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 violation
Congress enacts a new air quality statute that applies to businesses. To enforce federal environmental legislation, the federal government relies on
all levels of government and private citizens
Nashville, Tennessee, passes an ordinance to regulate waste disposal. The disposal of waste may also be regulated by
all other levels of government
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
before beginning operations
Vending Products Company operates a vending machine manufacturing plant on Wilde River. Discharging pollutants from the plant into the river can re¬sult in
civil penalties and criminal penalties
Noxious, Inc., makes and sells pesticides. If a substance is identified as harmful and the harm is imminent, the Environmental Protection Agency can
conduct an inspection of noxious's plant
Regulations governing air pollution cover mobile and stationary sources. Those who may be subject to penalties for violations of the Clean Air Act include
corporate officers who knowingly violate the act
Businesses that engage in ultrahazardous activities are not liable for any injuries the activities cause.
false
Liability does not extend to businesses that merge with or buy corporations that have violated CERCLA.
false
Only the federal government may restrict emissions from motor vehicles.
false
Performance standards for major sources of air pollution require the use of the any available technology, or AAT.
false
Public water system operators must meet the Environmental Protection Agency's standards regardless of the economic and technological feasibility.
false
The Clean Water Act permits the filling or dredging of wetlands without a permit.
false
The Environmental Protection Agency can regulate a toxic substance that poses an imminent hazard but cannot prohibit its use altogether.
false
The Environmental Protection Agency has concluded that greenhouse gases, including carbon dioxide emissions, do not constitute a public danger.
false
The National Pollutant Discharge Elimination System focuses on industrial wastewater and storm water discharges.
false
The primary responsibility for preventing and controlling air pollution rests with the federal government.
false
There are no defenses to liability under the Comprehensive Environmental Response, Compensation, and Liability Act.
false
There are no plans to develop national standards regulating the fuel economy and emissions for medium- and heavy-duty trucks.
false
Those who knowingly violate the Clean Air Act may be subject to civil penalties but not criminal penalties.
false
Under the Clean Water Act, criminal penalties apply whether a violation was intentional or unintentional.
false
When a release of hazardous chemicals from a site occurs, potentially responsible parties can avoid liability through transfer of ownership.
false
Clean n' Green, Inc., operates a chain of car washes throughout the United States. The government entity that is most likely to be involved in regulating the chain's environmental impact is
federal and state regulatory agencies
Mineral Mining Company operates a gravel pit next to Norah's residence. Norah files a suit against Mineral Mining, alleging that the pit is a source of pollution, a nuisance, and unreasonably inter¬feres with the enjoyment of her property. The court is most likely to award Norah an injunction
if letting the pollution continue is more harmful than stopping it
Oscar begins to operate a hog farm next to Robyn's vineyard and winery. Robyn files a suit against Oscar, alleging that the hog farm is a source of pollution, a nuisance, and unreasonably interferes with Robyn's enjoyment of her property. The court is most likely to award Robyn damages
if letting the pollution continue is more harmful than stopping it
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
liable
Fried Food, Inc., operates a commercial frying plant, discharging pollutants into the air. Greg reports the violations to the Environmental Protection Agency. Greg
may be paid up to $10,000
Smelting & Refining Company generates solid waste considered hazardous. The company 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
not a violation
Under the Marine Protection, Research, and Sanctuaries Act (the Ocean Dumping Act), Coastline Chemicals, Inc., may dump its chemical waste into the ocean
not at all
Energy Resources, Inc., operates an oil refinery near Forest River, which flows into Grove Lake. Discharging oil from the refinery into the river can result in
penalties and damages
Before being transported, hazardous waste generated by Perilous Fabrication, Inc., must be properly labeled and packaged under the Resource Conservation and Recovery Act by
perilous fabrication, inc
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
register before it is sold
Energy Market Corporation wants to build a wind power plant on private land, for which a federal permit is required. For this action, an environmental impact statement is
required
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
required
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
required
BioChemical Disposal Corporation operates a hazardous waste storage facility. ChemCo Inc. buys BioChemical before it is discovered that the firm's disposal practices violated CERCLA. With respect to these violations, Superfund imposes on ChemCo
strict liability
The operations of Metal Refining Industries, Inc., are major sources of air pollution. These operations must use
the maximum achievable control technology
County Water & Sewer operates a public water supply system. County Water must send to every household that it supplies with water an annual statement describing
the source of water, and any contaminants and health concerns
A public authority, such as a state's attorney general, can sue to stop a "public" nuisance.
true
An environmental impact statement is required for every major federal action that significantly affects the quality of the environment.
true
Any oil facility that discharges oil into navigable waters or onto an adjoining shore may be liable for cleanup costs, as well as damages.
true
Any point source emitting pollutants into water must have a permit.
true
Different standards for air quality apply to existing sources of pollution and major new sources.
true
Federal law provides the basis for issuing regulations to control multistate air pollution.
true
Injured individuals can rely on the common law to obtain damages and injunctions against business polluters.
true
It is a violation of federal law to destroy or deface any labeling required on a pesticide or herbicide.
true
It is a violation of federal law to sell a pesticide or herbicide that has a chemical strength different from the concentration declared on the label.
true
National Pollutant Discharge Elimination System permits can be issued even if a discharge will violate water-quality standards.
true
National effluent (pollution) standards are set by the Environmental Protection Agency for each industry.
true
New sources of water pollutants must install pollution-control equip¬ment before beginning operations.
true
Persons who provide information about violators of the Clean Air Act may be paid up to $10,000.
true
Special requirements must be met to discharge toxic chemicals into surface waters.
true
State laws may regulate a business's disposal of toxic wastes.
true
The Environmental Protection Agency periodically updates the air pollution standards.
true
The Environmental Protection lists all hazardous air pollutants (HAPs) on a prioritized schedule.
true
The Safe Drinking Water Act requires the EPA to set maximum levels for pollutants in public water systems.
true
The courts have considerably scaled back the Clean Water Act's protection of wetlands.
true
Under the Safe Drinking Water Act, each supplier of drinking water is required to send every household that it supplies with water an annual statement describing the source.
true
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
unnecessary
The National Park Service hires Outdoor Play, Inc., to replace outdated playground equipment in a handful of national parks. For this action, an environmental impact statement is most likely
unnecessary because the action is not "major"
