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Exam 49: Environmental Law and Land Use Controls

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Question 1

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Under the Clean Water Act, the EPA has developed effluent guidelines, which are ranges for discharges organized according to industrial groups and for specific plants in each of these groups.

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Question 2

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A(n) __________ may prevent the landowner from use of the land.

A) eminent domain restriction
B) nonconforming use
C) variance restriction
D) zoning restriction

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Question 3

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When the use of land is in conflict with a zoning ordinance at the time the ordinance goes into effect, such use is described as a(n) __________.

Funds from the Superfund are used to pay the cost of eliminating or containing condemned waste sites.

States that do not meet federal standards under The Clean Air Act are classified as nonattainment areas.

__________ is the process by which the buyer conducts a thorough investigation of the property and its current and former uses to determine whether there are any problems with respect to environmental law or nuisance.

When the desired use of land is in harmony with the general nature of surrounding areas, a zoning variance is usually granted.

States that do not meet federal standards are called __________, and their plans for implementation are strictly reviewed by the EPA, which can halt federal highway funding in the event the implementation plan is not followed.

What is a principal purpose of the Superfund?

When a __________ is adopted, any existing property used for a purpose that does not conform to the zoning ordinance __________.

Under CERCLA, all the following are liable potentially responsible parties, except: ________.

Peter has been subjected to an unreasonable amount of noise from his neighbor, who constantly plays his stereo at full volume. Peter is angry about his neighbor, but he is even angrier about the excessive pollution being emitted by a local factory that burns old tires in direct violation of a state statute prohibiting such conduct. Do the acts of Peter's neighbor and the factory constitute nuisances? If they do, give Peter assistance on any possible courses of action to eliminate the problems.

With regard to the law concerning nuisance: ______.

Those affected by a nuisance are entitled to damages for the loss of the use of the land or for harm that is caused by the nuisance.

The fact that harm occurred is sufficient to establish a prima facia case for a nuisance.

A criminal nuisance may be terminated by:

A private citizen can bring a suit to halt the construction of a dam by the federal government if the agency responsible failed to conduct an environmental impact study or if the study is inadequate.

The current EPA standard for coal-fired power plants is maximum achievable control technology (MACT).

Megan owns a manufacturing business in a nonattainment area under federal air pollution law. She wishes to triple the size of the manufacturing operation using land she just purchased next to her current location. What must Megan demonstrate in order to secure a permit to operate in the nonattainment area?

A variance permits an owner of land to use it in a specified manner that is inconsistent with zoning ordinances.