Question 1

A public nuisance is:

Accepted Answer

A)  a reasonable interference with a right held by the general public
B)  an interference with a right held by the federal government
C)  an unreasonable interference with a right held by the general public
D)  an unreasonable interference with rights held by public servants
E)  none of the other choices

Question 2

The manipulation of biological processes to produce organisms for commercial use is known as biotechnology and is subject to EPA rules under the Toxic Substances Control Act.

Accepted Answer

A) True 
 B)False

Question 3

The following is not a requirement of businesses that want to build a new polluting plant in nonattainment areas?

Accepted Answer

A)  the operators of the new plant must agree to control the plant's pollution to the maximum degree by the use of the LAER (Lowest Achievable Emissions Rate Technology) 
B)  the operators of new plants must show that a net air quality improvement will be had after the plant is built
C)  the operators of the new plant must certify all their other plants are meeting requirements of the State Implementation Plan
D)  new plants can be built in nonattainment areas only if the pollution from the new plant is offset by reductions in the same type of pollutant from other plants in the area.
E)  all of the other choices are requirements

Question 4

Under Superfund,responsible parties may be strictly,jointly and severally liable for cleanup costs.

Accepted Answer

A) True 
 B)False

Question 5

Each year about 100 environmental offenses have been dealt with by government officials by:

Accepted Answer

A)  public embarrassments
B)  criminal convictions
C)  civil violations of the law
D)  moral violations
E)  ordinance violations of the law

Question 6

In Massachusetts v.EPA,Massachusetts and other states sued the EPA for not regulating vehicle emissions that may contribute to greenhouse gases.The Supreme Court held that there was no evidence that the emissions contributed to greenhouse effects.

Accepted Answer

A) True 
 B)False

Question 7

The principal difference between trespass and nuisance is that a trespass occurs whenever there is a physical invasion of plaintiff's property.

Accepted Answer

A) True 
 B)False

Question 8

In American Trucking Association v.Environmental Protection Agency,where the American Trucking Association challenged the EPA's approval of California's regulation of engines that run transportation refrigeration units,the Court of Appeals denied the ATA's petition for review because:

Accepted Answer

A)  the EPA's conclusion that California's rule was consistent with the Clean Air Act was reasonable and reasonably explained
B)  the EPA has authority to do whatever it wants
C)  the ATA did not follow the proper procedure for review
D)  there would be no cost for businesses to comply with California's rule
E)  the rule is scheduled to be implemented at a national level

Question 9

Biotechnology is:

Accepted Answer

A)  not subject to TSCA
B)  subject to TSCA
C)  subject to TSCA in some states but not others
D)  completely regulated by the private sector
E)  not subject to any kind of federal regulation

Question 10

The _________________ is the agency with primary responsibility for the Endangered Species Act.

Accepted Answer

A)  Fish and Wildlife Service
B)  Bureau of Land Management
C)  Environmental Protection Agency
D)  National Park Service
E)  People for the Ethical Treatment of Animals

Question 11

RCRA forces hazardous waste generators,transporters and disposal site operators to follow a manifest system to keep track of chemicals.

Accepted Answer

A) True 
 B)False

Question 12

Public awareness of the effect of pollution on the environment increased during the 1960s,in part due to:

Accepted Answer

A)  the organic revolution
B)  the leaking oil well in the Gulf of Mexico
C)  the publication of Rachel Carson's "A Cleaner World"
D)  the Exxon Valdez oil spill
E)  none of the other choices are correct

Question 13

The State Implementation Plans required by the Clean Air Act:

Accepted Answer

A)  define the control efforts to be used in each state to achieve the national standards
B)  survey all factories in a state to find out how much they pollute
C)  are usually favorable to big businesses
D)  tend to hurt small businesses
E)  are unofficial records of each state's attempts to control pollution

Question 14

How toxic substances are handled once they are in the market,or when they are being disposed of,is the concern of the:

Accepted Answer

A)  Federal Insecticide,Fungicide,and Rodenticide Act
B)  National Insecticide,Fungicide,and Rodenticide Act
C)  Federal Commercial Toxic Substances Act
D)  Toxic Substances Control Act
E)  none of the other choices are correct

Question 15

Until the early 1970s environmental pollution was not subject to EPA regulation.Which entity was primarily responsible for pollution litigation?

Accepted Answer

A)  the President
B)  state and local laws
C)  the Federal Trade Commission
D)  the Congressional Committees
E)  the Army Corps of Engineers

Question 16

Biotechnology products are subject to regulation under:

Accepted Answer

A)  SARA
B)  FIFRA
C)  RCRA
D)  CERCLA
E)  none of the other choices

Question 17

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)  all of the other choices are part of the active programs initiated by Congress to protect species
E)  none of the other choices

Question 18

In a pollution case involving a public nuisance,the right held in common by the public that has likely been violated is the:

Accepted Answer

A)  community's right to a peaceful environment
B)  community's right to a sterile environment
C)  community's right to a health-promoting environment
D)  community's right to an allergen-free environment
E)  none of the other choices are correct

Question 19

An environmental group wants to sue Toxics,Inc.for violating the Clean Water Act.To pursue its desired legal action the group must:

Accepted Answer

A)  notify Toxics of its intent to sue
B)  notify the EPA of its intent to sue
C)  allow the EPA to determine whether or not it wishes to prosecute Toxics,thereby blocking the group's action
D)  notify Toxics of its intent to sue and notify the EPA of its intent to sue
E)  notify Toxics of its intent to sue and notify the EPA of its intent to sue and allow the EPA to determine whether or not it wishes to prosecute Toxics,thereby blocking the group's action

Question 20

Applied to pollution cases,private nuisance is:

Accepted Answer

A)  repealed by the Resource Conservation and Recovery Act
B)  a term only applied to a polluter who causes damage to the air
C)  a concept no longer used because of the Clean Air Act
D)  an unreasonable interference with a right held by members of the public in common
E)  none of the other choices

Exam 18: Environmental Law

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

Correct AnswerverifiedShow Answer

In American Trucking Association v.Environmental Protection Agency,where the American Trucking Association challenged the EPA's approval of California's regulation of engines that run transportation refrigeration units,the Court of Appeals denied the ATA's petition for review because:

Correct AnswerverifiedShow Answer

Biotechnology is:

Correct AnswerverifiedShow Answer

RCRA forces hazardous waste generators,transporters and disposal site operators to follow a manifest system to keep track of chemicals.

Correct AnswerverifiedShow Answer

The following is not a requirement of businesses that want to build a new polluting plant in nonattainment areas?

Correct AnswerverifiedShow Answer

Until the early 1970s environmental pollution was not subject to EPA regulation.Which entity was primarily responsible for pollution litigation?

Correct AnswerverifiedShow Answer

Each year about 100 environmental offenses have been dealt with by government officials by:

Correct AnswerverifiedShow Answer

The principal difference between trespass and nuisance is that a trespass occurs whenever there is a physical invasion of plaintiff's property.

Correct AnswerverifiedShow Answer

In Massachusetts v.EPA,Massachusetts and other states sued the EPA for not regulating vehicle emissions that may contribute to greenhouse gases.The Supreme Court held that there was no evidence that the emissions contributed to greenhouse effects.

Correct AnswerverifiedShow Answer

The State Implementation Plans required by the Clean Air Act:

Correct AnswerverifiedShow Answer

An environmental group wants to sue Toxics,Inc.for violating the Clean Water Act.To pursue its desired legal action the group must:

Correct AnswerverifiedShow Answer

Public awareness of the effect of pollution on the environment increased during the 1960s,in part due to:

Correct AnswerverifiedShow Answer

In a pollution case involving a public nuisance,the right held in common by the public that has likely been violated is the:

Correct AnswerverifiedShow Answer

Under Superfund,responsible parties may be strictly,jointly and severally liable for cleanup costs.

Correct AnswerverifiedShow Answer

The manipulation of biological processes to produce organisms for commercial use is known as biotechnology and is subject to EPA rules under the Toxic Substances Control Act.

Correct AnswerverifiedShow Answer

Biotechnology products are subject to regulation under:

Correct AnswerverifiedShow Answer

A public nuisance is:

Correct AnswerverifiedShow Answer

Applied to pollution cases,private nuisance is:

Correct AnswerverifiedShow Answer

The _________________ is the agency with primary responsibility for the Endangered Species Act.

Correct AnswerverifiedShow Answer

How toxic substances are handled once they are in the market,or when they are being disposed of,is the concern of the:

Correct AnswerverifiedShow Answer

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