AECN 357 Exam 3
Interstate water compacts
interstate conflicts are addressed through this. two or more states agree to share an interstate stream's water. the agreement takes effect when it is ratified by Congress. any disagreements or enforcement actions under the compact are decided by the U.S. supreme court Nebraska is a member of the Republican River Compact with Colorado and Kansas.
Under the----- provision of the farm bill, the farmer loses all of his farm payments if he brings wetlands into crop production
Swampbuster
Adjacent wetlands are protected by the 404 permit program, but isolated wetlands are only on a case-by case basis
TRUE
Autos, power plants and industrial facilities all contribute to smog
TRUE
CWA 404 permits are called dredge and fill permits
TRUE
In Nebraska, landowners may be required to control soil erosion on their land
TRUE
In Nebraska, the DEQ determines what a SS's pollution control requirements will be during the construction permit issuance process
TRUE
Indian reserved water rights are usually senior to existing appropriations on the same stream
TRUE
Major sources of HAPS emit at least 10 tpy of a single HAP or 25 tpy from all HAP emission combined
TRUE
One legal disadvantage of in stream appropriations is that they are usually junior to other appropriations
TRUE
Pollution control requirements are stricter for new stationary sources than for existing stationary sources
TRUE
Pollution control requirements are stricter for stationary sources in NAAs than they are in PSDs
TRUE
Prior to the acid rain program, most ESSs were grandfathered in PSD SIPS
TRUE
Punitive Damages can be award in Nebraska courts
TRUE
Smog is a major urban air pollution problem
TRUE
States may adjudicate federal Indian reserved water rights under state water law by initiating the stream wide adjudication process
TRUE
Tailpipe emission standards is one of the CAA policies for reducing auto emissions
TRUE
The CAFE requirement for 2020 is 35 miles per gallon
TRUE
Under section 404 of the clean water act, a landowner may drain or fill a wetland without federal permit so long as the wetland is located completely on his property
TRUE
Under the 404 no-net loss program, the loss of existing wetlands must be mitigated in order to receive a 404 permit
TRUE
Under the Sodbuster provision of the farm bill, the farmer loses all his farm payments if he brings highly erodible land into crop production without meeting NRCS conservation requirements
TRUE
Under the cross compliance provision of the farm bill, the farmer loses all his fame payments if he violates any conservation provision on the farm bill
TRUE
Under the swamp buster provision of the farm bill, a farmer loses all his farm payments if he brings wetlands into agricultural production
TRUE
US Bureau of Reclamation
is the agency within the US. Department of the interior that builds surface water irrigation projects. objective of projects is to provide water to both the Indian tribe and the senior appropriations whose uses would be displaced by the tribes reserved water rights.
One legal disadvantage of in stream appropriations is that they usually are ----- to other appropriations
junior
Defendant
an individual, company, or institution sued or accused in a court of law.
instream appropriation
appropriating water to have the water left in the river but having an appropriation nonetheless (despite the usual diversion requirement for an appropriation). most are junior . disadvantage only junior appropriators will be effected most likely not getting any water
Negligence
careless neglect, often resulting in injury
The theory followed by the US. Supreme Court in allocating water between two states is called ------doctrine
equitable apportionment
The theory that congress reserved water rights when it created national forests, national parks and wilderness areas is called the-----doctrine
federal reservation
Most ESSs have been---- in PSD SIPS
grandfathered
Cross Compliance
if you violate any single farm program conservation requirement on one field, you lose all your farm program benefits for all the land farmed even rented land.
Appropriations to leave water in the stream are called-----appropriations
in stream
equitable apportionment
lawsuit where the U.S. supreme court essentially applies prior appropriation across state lines. Essentially the court looks at where the senior appropriation are in both states on the interstate stream and divides the water between the states accordingly.
SLAPP -back statutes
modify legal procedure to make it easier for judges to dismiss SLAPP lawsuits and for the targets of SLAPP lawsuits to collect attorney fees and civil damages from the SLAPPers
Three examples of area sources of HAPS are----
motor vehicles, Coal-fired electricity plants and industrial plants
The determination made in a civil tort lawsuit when the defendant has violated a administrative regulation is called:
negligence per se
Under the contingent fee approach, the ---- attorney would receive ------ of the plaintiff's recovery, but would receive----- if the plaintiff lost the case
plaintiff's, 1/3, nothing
The three categories of river protected under the federal wild and scenic river program are: wild, scenic and ----
recreational
Public Trust Doctrine
state common law water law concept based on the preemies that water is legally considered to be a public resource. the state cannot allocate water in a way that compromises the state's public interest in the water.
States may adjudicate federal and Indian reserved water rights under state water law by intimating the ------- process
streamwide adjudication
Streamwide adjudication Process
streamwide adjudication typically occurs when water rights on a stream have not been adjudicated but water right disputes have arisen and the state undertakes stream wide adjudication in order to allow the state to begin administering priorities.
Briefly describe the effect of the general permit program in section 404 program administration.
the intent of the general permit program is to streamline the permitting process. Are allowed for activities that are similar in nature, that will have minimal adverse environmental impacts if performed separately and that have minimal cumulative environmental effects.
Trespass
the wrongful damage to, or interference with, the property of another
Normally on an Indian Reservation, the local law is----law
tribal
Practically irrigable acres PIAS
what water rights are limited to. quantity of water the tribe has to work with but they can use it for non-irrigation purposes as well
Major sources of HAPS emit at least----tpy of a single HAP or ---- typ from all HAPS combined
10, 25
Under the federal wild and scenic rivers program, up to ---% of the land located within the protected river corridor can legally be condemned.
33%
Briefly discuss why courts will award permanent damages instead of permanent injunction in private nuisance cases. What is the long term implication of this practice for pollution control resulting from nuisance litigation?
Courts will award permanent damages instead of permanent injunction in private nuisance cases because it is becoming increasingly more common that the defendant is a large corporation or factory. Too many people would be effected if the defendant had to quit completely if they were a corporation or factory. A long term implication from this practice is that pollution will continue to happen and not be controlled as well as it could because the courts are allowing companies to keep polluting as long as they buy out the individual that is complaining about their pollution.
Under the ----provision of the farm bill, the farmer loses all of his farm payments if he violates any conservation provision of the farm bill
Cross compliance
How can the wild and scenic river act protect environmental values in free-flowing rivers?
Designated rivers may not be developed in order to protect their free-flowing character. If a river corridor is designated under the act, the federal government may purchase of condemn up to 100 acres per river mile within the protected river corridor. This amounts to 33% of the river corridor.
Federal 404 permits are called-----
Dredge and fill permits
When it is decades between exposure to a toxic substance and the appearance of adverse health effects resulting from that exposure, this is referred to as: (A) strict liability (B) externality (C) latency (D) chronic effect (E) negligence (F) none of the above
E negligence
One of the three major legal theories of tort law relative to common law environmental remedies is:
E trespass
EPA will grant acid-rain emission allowances to new power plants constructed in 2008
FALSE
Federal reserved rights for national forests would included streamflows needed to maintain endangered species even if endangered species protection was not a stated purpose of the forest reservation
FALSE
In Nebraska, a DEQ permit is required to drain or fill a wetland
FALSE
In Nebraska, under the 404 mitigation requirements, drained wetlands must be replaced at the rate of 1.5 acre to 1 acre of wetlands
FALSE
Indian reserved rights may be lost by nonuse
FALSE
Most states regulate soil erosion from agricultural lands
FALSE
Nebraska has a state wild and scenic rivers program
FALSE
Normally on an Indian reservation, the local law is state law
FALSE
One legal advantage of in stream appropriations is that they usually are senior to other appropriations
FALSE
Under a 2006 US Supreme Court ruling, all isolated wetlands are protected by the 404 permit program.
FALSE
Farmers are exempt for the section 404 program
FALSe
In Nebraska, a NRD permit is required to drain or fill a wetland
FALSe
Indian reserved water rights are usually junior to existing appropriations on the same stream
FALSe
In Nebraska, a DNR permit is required to drain or fill a wetland
False
Briefly compare the level of proof a civil trial versus the level of proof needed for something to be accepted as a scientific fact. briefly discuss the implications of this difference for environmental policy making.
In a civil trial it must be proved by a majority of the evidence so it does not require to be even 90% sure just the majority. While to prove something as a scientific fact it takes 99% poof. So in cases of environmental policy it would take years and millions to billions of dollars to prove that something could be bad for someones health scientifically and by that point many could have died from the pollution. While a civil court will allow it that companies can be punished for committing pollution and toxic harm to people by having a majority evidence of proof. If it was not for civil trials companies could never be held responsible for their polluting actions.
HEL
Highly erodible land
negligence per se
If the defendant violated a statute where a duty of care was imposed, the negligence is assumed to have occurred.
The theory that Congress reserved water rights for Indian tribes when their reservation was created is called the ------doctrine
Indian Reserved water rights
Briefly discuss latency as it relates to statutes of limitations for toxic torts, including the special toxic torts statute of limitations.
Latency is when someone could be exposed to toxic substances but will not get ill or see effects from the substances or ill for many years later. This can be an issue because a plaintiff may not be able to remember that they were exposed to toxics that far away from the initial date or be able to file a lawsuit because of the statute of limitations which requires a lawsuit to be filed within 4 years of the incident. This would be impossible to do if one does not receive effects until 20 years after exposure. Most states have adopted a toxic tort statutory exception because of this issue. The deadline starts once the plaintiff could relate their illness to the exposure of the toxic substance. So they have four years from when they get sick to file a lawsuit.
Class action lawsuits
Lawsuits in which a small number of people sue on behalf of all people in similar circumstances.
SLAPP lawsuits
Lawsuits with purpose to countersue the plaintiffs to try to run them out of money so the plaintiff will be forced to drop their lawsuit against the defendant. Strategic lawsuits against public participation
What is the primary disadvantage of in stream appropriations as a legal tool for protecting in stream flows? How may this disadvantage be overcome?
Most in stream appropriations are junior so the disadvantage is that only appropriators junior to the relatively junior in stream appropriation are effected. The disadvantage can be overcome by using Public Trust Doctrine in order to take water from senior appropriators and put it back in stream.
NPS
NATIONAL PARK SERVICE FEDERAL
The two states with soil conservation requirements are----
Nebraska and Iowa
The three major legal theories of tort law relative to common law environmental remedies are----
Negligence, Nuisance, and Trespass
Plaintiff
One who begins a lawsuit
The part initiating a civil lawsuit is called the----while the party being sued is called the ----
Plaintiff, defendant
In California state courts have ruled that public water uses must be protected in state water rights proceedings under the----doctrine
Public Trust
Indian reserved water rights are usually----to existing appropriations
Senior
Under the------provision of the farm bill, the farmer loses all his farm payments if he brings highly erodible land into crop production without first meeting NRCS conservation requirements
Sodbuster
Briefly describe the approach that the U.S. supreme Court uses in equitably apportioning water between two appropriation states
The U.S. Supreme court essentially applies prior appropriation across state lines. Essentially the court looks at where the senior appropriators are in both states on the interstate stream and divides the water between the states accordingly.
DOI
U.S. Department of the Interior Federal
BuRec
US Bureau of Reclamation Federal
USBR
US Bureau of Reclamation Federal
USDA
US Department of Agriculture
General Permits
Under 404 the ACE may issue individual permits or may regulate entire categories of activities though the use of general permits issues on a state, regional or national basis. the intent of the general permit program is to streamline the permitting process. Are allowed for activities that are similar in nature, that will have minimal adverse environmental impacts if performed separately and that have minimal cumulative environmental effects.
Briefly describe how the public trust doctrine may be used to protect in stream flows.
Under the doctrine states cannot allocate water in a way that compromises the state's public interest in the water. So the state could require senior appropriators to put some water back in stream because it is for the public interest.
NRCS
United States Nature Resources Conservation Service, agency that prepares soil and water conservation plans for farms and ranches, administers conservation requirements of 2002 farm program, including sodbuster, swam buster and conservation compliance and cross compliance.
The two most controversial federal environmental law programs are--------
Wetlands Conservation and Soil Conservation Requirments
A portion of the Niobrara River was protected from future impoundments by its inclusion in the federal ------program
Wild and Scenic River
Toxic Torts
a private tort lawsuit involving toxic substances
Indian reserved water rights
when congress established an indian reservation, the U.S. Supreme court ruled that congress by the implication automatically established Indian water rights for the reservation with a priority date the same date as when the reservation was established. Not lost by nonuse. usually senior appropriators on stream
Federal Reserved Water Rights
when federal land is reserved, the U.S. supreme court ruled that congress by implication also automatically reserves enough water to maintain the use for which the federal land was reserved. the priority date is the date of the federal reservation but water right is established but only for forest purposes.
nuisance
when one party's actions unreasonably interferes with another party's actions or property
Sodbuster
you cannot bring highly erodible land as defined by the USDA natural resources conservation service into production after December 14, 1985 unless you first meet NRCS soil conservation requirements.
swampbuster
you cannot bring wetlands into production after December 14, 1985