Question 1

FACT Pattern 18-1
Jean LeFleur,owner of Happy Feet,a company that makes environmentally-sensitive foot wear,decided to move operations from Los Angeles to Bozeman,Montana.LeFleur wanted to be in an area noted for environmental quality.He built a new plant that produced oil-based sludge from its production process.The sludge could have been treated at the plant.But LeFleur decided that treatment was too costly,so the company dumped sludge into the Gallatin River,which runs through Happy Feet property.Other sludge was buried in drums in a field at night.
-Refer to Fact Pattern 18-1.If Janet sues Happy Feet under the common law,she will most likely sue for:

Accepted Answer

A)  public nuisance
B)  corporate nuisance
C)  private nuisance
D)  state nuisance
E)  she could not sue under any of these theories

Question 2

The Montreal Protocol of 1987 addressed the global environmental problem of:

Accepted Answer

A)  global warming
B)  ozone depletion by CFCs
C)  the marine environment
D)  overfishing
E)  nuclear waste disposal

Question 3

In Whalen v.Union Bag & Paper Co. ,where a paper mill polluted a farmer's creek so he sued to stop the pollution,the court held that:

Accepted Answer

A)  enjoining the defendant from polluting would cause too great an economic loss
B)  the plaintiff contributed his negligence and so could not sue the defendant
C)  although damage was small,defendant must respect plaintiff's riparian rights,pay damages and cease damaging pollution
D)  the riparian rights of the defendant outweighed the rights of the plaintiff
E)  because the defendant acted without malice,no riparian rights were violated

Question 4

The primary factors for a pollutant's NAAQS are the public health effects.The secondary factors are:

Accepted Answer

A)  its considerations of public welfare effects
B)  its consideration of aesthetic effects
C)  its consideration of economic effects
D)  its consideration of annoying effects
E)  none of the other choices are correct

Question 5

In Center for Biological Diversity v.Marina Point Development Assoc. ,involving a development on a lake that received needed permits to proceed,the court held that the opposition by the Center for Biological Diversity:

Accepted Answer

A)  no longer mattered,as it participated in the permit process
B)  showed that the construction violated permits,so fines would be issued and no more development would occur until the developer was in compliance with the permits
C)  meant the permits would be cancelled,as the Center was not allowed to participate in the permit consideration process
D)  was beyond what was allowed by law,which imposed needless costs on the developer,so it would pay the attorney fees the developer incurred
E)  none of the other choices

Question 6

Under the ____________ the EPA must set pollution standards and,through forced cooperation of the states,to enforce the standards across the country.

Accepted Answer

A)  Clean Air Act
B)  Fresh Air Act
C)  Clean Environment Act
D)  No Pollution Act
E)  Free Air Act

Question 7

Toxic,or unconventional water pollutants,are subject to an emission standard known as:

Accepted Answer

A)  best possible technology
B)  best available technology
C)  best conventional technology
D)  best remedial technology
E)  best ambient technology

Question 8

To comply with the Clean Water Act,businesses that discharge wastes into a waterway must:

Accepted Answer

A)  follow the requirements of the State Implementation Plan
B)  install the lowest achievable emissions rate technology by 2010 (or sooner if feasible) 
C)  comply with the specific terms of its PSD permit
D)  dispose of liquid wastes by strictly following common industry practices
E)  none of the other choices

Question 9

To help enforce the Clean Air Act there may be:

Accepted Answer

A)  citizen suits
B)  "community-based" actions
C)  EPA fines
D)  citizen suits and EPA fines
E)  citizen suits and EPA fines and "community-based" actions

Question 10

Which of the following is an effect of the depletion of the ozone layer:

Accepted Answer

A)  increase in skin cancer
B)  more eye cataracts
C)  injury to the immune system
D)  all of the other specific choices are correct
E)  none of the other specific choices are correct

Question 11

Air pollution permits are needed only for projects that cost more than $100 million.

Accepted Answer

A) True 
 B)False

Question 12

Under the Clean Air Act,which of the following is an example of a prevention of significant deterioration area:

Accepted Answer

A)  Yellowstone National Park
B)  a Wal-Mart parking lot
C)  New York City
D)  downtown Cleveland,Ohio
E)  none of the other choices are correct

Question 13

In practice,the focus of the Endangered Species Act is on:

Accepted Answer

A)  the purchase of habitat by the Fish and Wildlife Service to expand breeding ranged for endangered species
B)  the elimination of hazards,such as pesticides and herbicides,that threaten endangered species
C)  breeding programs,often in captivity,to preserve the genetic stock of endangered species
D)  stopping or altering activity on private or public land when endangered species are present
E)  all of the other choices are part of the active programs initiated by Congress to protect species

Question 14

In Responsible Economic Development v.S.C.Dept.of Health and Enviro.Control,where the state gave Wal-Mart a permit for storm water runoff into a creek,and an environment group challenged the permit as inadequate as it would pollute various bodies of water,the South Carolina high court:

Accepted Answer

A)  upheld the permit based on the evidence that the storm water runoff from the parking lot would not adversely affect the body of water in question
B)  struck down the permit based on the lack of evidence that the storm water runoff from the parking lot would not adversely affect the body of water in question
C)  issued an injunction to prevent construction based on the lack of evidence that the storm water runoff from the parking lot would not adversely affect the body of water in question
D)  fined Wal-Mart for not conducting a thorough environmental impact study
E)  passed the case on to the Supreme Court

Question 15

The manipulation of biological processes to produce chemicals or living organisms for commercial use is known as:

Accepted Answer

A)  biotechnology
B)  bioethics
C)  biomanipulation
D)  biosynthesis
E)  biochemicalsynthesis

Question 16

In pollution cases involving strict liability for abnormally dangerous activities,courts have NOT found which of the following activities to be abnormally dangerous:

Accepted Answer

A)  crop dusting
B)  leakage of chemicals into ground water
C)  storing of flammable liquids in quantity in a populated area
D)  emitting of steam gases by factories
E)  all of the other specific choices have been found to be abnormally dangerous by the courts

Question 17

Under the Clean Air Act,the standards for the construction of new industrial plants depend on:

Accepted Answer

A)  the size of the plant
B)  the economic impact of the plant
C)  the kind of good the plant is producing
D)  the number of employees the plant will employ when finished
E)  none of the other choices are correct

Question 18

The new source performance standards for reducing air and water pollution apply to:

Accepted Answer

A)  new plants or new sources of pollution
B)  plants or sources of pollution in existence prior to the passage of the Clean Water Act
C)  plants or sources of pollution built after the passage of the Clean Water Act
D)  plants that employ more than 50 people
E)  plants with more than $50,000 in government contracts

Question 19

The primary effect of Rachel Carson's book "Silent Spring" was to:

Accepted Answer

A)  reduce public concern about environmental issues
B)  vilify oil companies
C)  increase regulation for limiting noise pollution
D)  increase the number of science majors in U.S.colleges
E)  none of the other choices are correct

Question 20

The Montreal Protocol of 1987 addressed the global environmental problem of:

Accepted Answer

A)  global warming
B)  nuclear waste disposal
C)  the marine environment
D)  overfishing
E)  none of the other specific choices are correct

Exam 18: Environmental Law

Correct Answer
verified

In Responsible Economic Development v.S.C.Dept.of Health and Enviro.Control,where the state gave Wal-Mart a permit for storm water runoff into a creek,and an environment group challenged the permit as inadequate as it would pollute various bodies of water,the South Carolina high court:

Correct Answer
verified

Toxic,or unconventional water pollutants,are subject to an emission standard known as:

Correct Answer
verified

Air pollution permits are needed only for projects that cost more than $100 million.

Correct Answer
verified

Which of the following is an effect of the depletion of the ozone layer:

Correct Answer
verified

The Montreal Protocol of 1987 addressed the global environmental problem of:

Correct Answer
verified

To help enforce the Clean Air Act there may be:

Correct Answer
verified

In practice,the focus of the Endangered Species Act is on:

Correct Answer
verified

The primary effect of Rachel Carson's book "Silent Spring" was to:

Correct Answer
verified

The new source performance standards for reducing air and water pollution apply to:

Correct Answer
verified

In Whalen v.Union Bag & Paper Co. ,where a paper mill polluted a farmer's creek so he sued to stop the pollution,the court held that:

Correct Answer
verified

Under the Clean Air Act,the standards for the construction of new industrial plants depend on:

Correct Answer
verified

In Center for Biological Diversity v.Marina Point Development Assoc. ,involving a development on a lake that received needed permits to proceed,the court held that the opposition by the Center for Biological Diversity:

Correct Answer
verified

In pollution cases involving strict liability for abnormally dangerous activities,courts have NOT found which of the following activities to be abnormally dangerous:

Correct Answer
verified

The manipulation of biological processes to produce chemicals or living organisms for commercial use is known as:

Correct Answer
verified

Under the ____________ the EPA must set pollution standards and,through forced cooperation of the states,to enforce the standards across the country.

Correct Answer
verified

Under the Clean Air Act,which of the following is an example of a prevention of significant deterioration area:

Correct Answer
verified

The primary factors for a pollutant's NAAQS are the public health effects.The secondary factors are:

Correct Answer
verified

To comply with the Clean Water Act,businesses that discharge wastes into a waterway must:

Correct Answer
verified

The Montreal Protocol of 1987 addressed the global environmental problem of:

Correct Answer
verified

Exam 18: Environmental Law

Correct AnswerverifiedShow Answer

In Responsible Economic Development v.S.C.Dept.of Health and Enviro.Control,where the state gave Wal-Mart a permit for storm water runoff into a creek,and an environment group challenged the permit as inadequate as it would pollute various bodies of water,the South Carolina high court:

Correct AnswerverifiedShow Answer

Toxic,or unconventional water pollutants,are subject to an emission standard known as:

Correct AnswerverifiedShow Answer

Air pollution permits are needed only for projects that cost more than $100 million.

Correct AnswerverifiedShow Answer

Which of the following is an effect of the depletion of the ozone layer:

Correct AnswerverifiedShow Answer

The Montreal Protocol of 1987 addressed the global environmental problem of:

Correct AnswerverifiedShow Answer

To help enforce the Clean Air Act there may be:

Correct AnswerverifiedShow Answer

In practice,the focus of the Endangered Species Act is on:

Correct AnswerverifiedShow Answer

The primary effect of Rachel Carson's book "Silent Spring" was to:

Correct AnswerverifiedShow Answer

The new source performance standards for reducing air and water pollution apply to:

Correct AnswerverifiedShow Answer

In Whalen v.Union Bag & Paper Co. ,where a paper mill polluted a farmer's creek so he sued to stop the pollution,the court held that:

Correct AnswerverifiedShow Answer

Under the Clean Air Act,the standards for the construction of new industrial plants depend on:

Correct AnswerverifiedShow Answer

In Center for Biological Diversity v.Marina Point Development Assoc. ,involving a development on a lake that received needed permits to proceed,the court held that the opposition by the Center for Biological Diversity:

Correct AnswerverifiedShow Answer

In pollution cases involving strict liability for abnormally dangerous activities,courts have NOT found which of the following activities to be abnormally dangerous:

Correct AnswerverifiedShow Answer

The manipulation of biological processes to produce chemicals or living organisms for commercial use is known as:

Correct AnswerverifiedShow Answer

Under the ____________ the EPA must set pollution standards and,through forced cooperation of the states,to enforce the standards across the country.

Correct AnswerverifiedShow Answer

Under the Clean Air Act,which of the following is an example of a prevention of significant deterioration area:

Correct AnswerverifiedShow Answer

The primary factors for a pollutant's NAAQS are the public health effects.The secondary factors are:

Correct AnswerverifiedShow Answer

To comply with the Clean Water Act,businesses that discharge wastes into a waterway must:

Correct AnswerverifiedShow Answer

The Montreal Protocol of 1987 addressed the global environmental problem of:

Correct AnswerverifiedShow Answer

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