19 Key 1. The U.S. federal government is the largest landholder in the country, controlling one-third of the nation's land. Answer: True The federal government is by far the nation's largest landholder, controlling one-third of the entire area of the United States. 2. Scoping encourages impact statements to focus on more substantial environmental concerns and reduce the attention devoted to trivial issues. Answer: True Scoping requires that even before preparing an EIS, agencies must designate which environmental issues of a contemplated action are most significant. It encourages impact statements to focus on more substantial environmental concerns and reduce the attention devoted to trivial issues. 3. NEPA has made it mandatory for federal agencies to follow the conclusions of an EIS. Answer: False NEPA does not require that federal agencies follow the conclusions of an EIS. 4. State EISs have been more successful than their federal counterparts in evaluating complex environmental factors. Answer: False As the states frequently lack the resources and expertise of the federal government, state EISs are often even less helpful in evaluating complex environmental factors than are those prepared by federal agencies. 5. Primary air quality standards are those standards necessary to protect public health. Answer: True Primary air quality standards are those necessary to protect public health. 6. States bear principal responsibility for devising implementation plans regarding the Clean Air Act. Answer: True The states devise implementation plans, which the EPA must approve, to carry them out. The states thus bear principal responsibility for enforcing the Clean Air Act, with the EPA providing standard- setting, coordinating, and supervisory functions. 7. The Clean Air Act unambiguously bars cost considerations from the air quality standards-setting process. Answer: True In Whitman v. American Trucking (2001), the Supreme Court ruled that the Clean Air Act "unambiguously bars cost considerations" from the air quality standards-setting process. 8. All new pollution control rules are now subject to a cost-benefit analysis. Answer: True In the past few years, the EPA has moved to make its regulatory practices more economically efficient. All new pollution-control rules are now subjected to cost-benefit analysis. 9. The point-source approach provides businesses with economic incentives to discover new methods of control. Answer: False Increasingly, the EPA is encouraging the states, through their implementation plans, to adopt an approach called the bubble concept. This approach permits flexibility in curtailing pollution and provides businesses with economic incentives to discover new methods of control. 10. The EPA does not regulate indoor air pollution under the Clean Air Act. Answer: True Significantly, the EPA does not regulate indoor air pollution under the Clean Air Act although OSHA could regulate it as to the workplace. 11. The prevention of significant deterioration policy is criticized on the grounds that it prevents industry from moving into areas where air quality is cleaner than standards require. Answer: True An important policy of the Clean Air Act is the prevention of significant deterioration. Critics of this policy argue that it prevents industry from moving into southern and western states, where air quality is cleaner than standards require. 12. To be considered a point source under the Clean Water Act, the source must itself create pollution. Answer: False The Supreme Court determined in South Florida Water Management District v. Miccosukee Tribe of Indians (2004) that a point source did not itself have to generate pollution. It could be merely a pumping station that moved pollution from one site to another. 13. The Clean Water Act applies to all navigable and nonnavigable waterways within the United States. Answer: False The Clean Water Act applies to all navigable waterways, intrastate as well as interstate. Although the term navigable is much broader than merely meaning being able to get a boat down, in Solid Waste Agency v. United States Army Corps of Engineers, 531 U.S. 159 (2001), the Supreme Court ruled that mere small ponds that do not empty into streams or rivers are not "navigable" under the Clean Water Act. 14. Under the Endangered Species Act, you are in violation if you harass an endangered animal without otherwise causing it, or its habitat, physical harm. Answer: True Section 9 of the act prohibits any person from transporting or trading in any endangered species of fish or wildlife (a separate section applies to plants) or from "taking any such species within the United States" or "upon the high seas." Taking a species is defined as "harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any such conduct." 15. The Endangered Species Act requires courts and regulators to take economic factors into consideration in applying the Act's provisions. Answer: False The ESA does not permit courts or regulators to take economic factors into consideration in applying its provisions. 16. U.S. pesticide companies can sell internationally what they cannot sell in the United States. Answer: True Many in the environmental movement contend that our country's pesticide control policy is hypocritical in that the FEPCA does not apply to pesticides U.S. manufacturers ship to foreign countries. Companies can sell overseas what they cannot sell in this country. 17. Under the Solid Waste Disposal Act, the main responsibility for nontoxic waste management rests with federal management. Answer: False Congress recognized in this Act that the main responsibility for nontoxic waste management rests with regional, state, and local management and limited the federal role in this area. 18. Landfills are the primary disposal site for household solid waste, but not business solid waste. Answer: False Landfills represent the primary disposal sites for most household and much business solid wastes. 19. Machinery used in solid waste disposal can be subject to the regulation of the Noise Control Act. Answer: True Machinery used in solid waste disposal can also be subject to the regulation of the Noise Control Act. 20. The Resource Conservation and Recovery Act assures proper hazardous waste disposal through the manifold system. Answer: False The RCRA accomplishes proper disposal of hazardous wastes through the manifest system. 21. Banks that hold a mortgage on land that turns out to have a toxic waste site subject to the Superfund rules are not liable for the cleanup. Answer: True Banks and other lenders who take out a security interest (such as a mortgage) in land that turns out to be contaminated and subject to the Superfund are not liable responsible parties. 22. In cases of strict liability tort, finding of fault or failure of reasonable care on the defendant's part is necessary. Answer: False Some courts recognize the applicability in pollution cases of strict liability tort doctrine. No finding of fault or failure of reasonable care on the defendant's part is necessary. 23. Ozone depleting fluorocarbons and halons are no longer in production. Answer: True In 1990, 59 countries agreed to stop producing certain chemicals that destroy the Earth's protective ozone layer of the atmosphere. The agreement required participating countries to stop production of certain chlorofluorocarbons and halons by the year 2000. As of 2008, these forms of ozone-destroying chemicals are no longer in production. 24. A nationwide Wall Street Journal/NBC News survey found that most people believed that there should be less environmental regulation. Answer: False A Wall Street Journal/NBC News survey suggests strong nationwide support for environment cleanup. A 61 percent majority favored more government regulation of the environment. Only 6 percent thought there should be less environmental regulation. 25. Under the Kyoto Protocol, industrialized nations are supposed to lower greenhouse gas emission below 1990 levels. Answer: True Under the Kyoto Protocol, industrialized nations, including the United States, would lower greenhouse gas emission below 1990 levels. 26. The increase in global carbon dioxide levels since 1960 is largely due to the burning of fossil fuels such as oil and coal. Answer: True The National Academy of Sciences notes that global carbon dioxide levels have increased 6 percent since 1960. The increase is due largely to the burning of fossil fuels such as oil and coal. 27. It is not within the rights or authority of shareholders to file global warming related resolutions directing board members or officers to analyze and/or report on environmental issues. Answer: False Increasingly, shareholders are presenting resolutions at the annual meetings of corporations to encourage or require the directors and managers of major polluting industries to analyze and report on certain environmental issues. 28. According to the Kyoto Protocol, the United States would be at an economic disadvantage as business production might also relocate in developing countries like China and India, which the Kyoto Protocol does not require to reduce greenhouse gas emission. Answer: True The developing countries of the world did not have to lower their emissions under the protocol, which would place production in the United States at a disadvantage in global markets by having to compete with nations that did not have to observe emission limitations. Business production might also relocate in developing countries like China and India, which the Kyoto Protocol does not require to reduce greenhouse gas emission. 29. The destruction of the world's rainforests is occurring primarily on privately owned land because it is more difficult to enforce the laws in private property ownership cases. Answer: False Destruction of the world's rain forests is occurring mainly on public or unowned lands. 30. The emissions trading approach to pollution management is a property approach. Answer: True The emissions trading approach to pollution management is a property approach. Granting private owners an exclusive right to sell a quantity of pollution emission to a buyer is the essence of the exclusionary right of property. 31. Environmental laws at the federal level are administered by the: A. EPA. B. Pollution Control Board. C. TSCA. D. EIS. E. U.S. Chemical Safety and Hazard Investigation Board. Answer: A. EPA. The Environmental Protection Agency (EPA) administers environmental laws at the federal levels. 32. Environmental laws are under: A. exclusive federal jurisdiction. B. exclusive state jurisdiction. C. both federal and state jurisdiction. D. the jurisdiction of federal, state, and local governments. E. exclusive jurisdiction of local governments. Answer: D. the jurisdiction of federal, state, and local governments. Administering environmental laws at the federal level is the Environmental Protection Agency (EPA). Since many of the laws provide for joint federal-state enforcement, the states also have strong environmental agencies. Policies are set at the federal level, and the states devise plans to implement them. States, and even local governments, also enforce their own laws that affect the environment and control pollution. 33. An environmental impact statement: A. includes available alternatives to the proposed action. B. includes positive environmental effects of the proposed action. C. includes a statement of any reversible use of resources. D. must be included in most major federal actions significantly affecting the quality of the human environment. E. must be included in most recommendations or reports on proposals for legislation affecting the environment. Answer: A. includes available alternatives to the proposed action. An EIS must be included "in every recommendation or report on proposals for legislation and other major federal actions significantly affecting the quality of the human environment." This EIS is a "detailed statement" that estimates the environmental impact of the proposed action. Any discussion of such action and its impact must contain information on adverse environmental effects that cannot be avoided, any irreversible use of resources necessary, and available alternatives to the action. 34. Environmental impact statements became a requirement based on the: A. National Environmental Policy Act. B. Toxic Substances Control Act. C. Clean Water Act. D. Marine Protection, Research and Sanctuaries Act. E. Waste and Resource Reclamation Act. Answer: A. National Environmental Policy Act. NEPA took effect in 1970. It imposes specific "action forcing" requirements on federal agencies. The most important requirement demands that all federal agencies prepare an environmental impact statement (EIS) prior to taking certain actions. 35. The National Environmental Policy Act: A. establishes a tailor-made policy for each state to encourage productive and enjoyable harmony with nature. B. imposes specific duties on all state agencies. C. promotes the understanding of natural resources important to businesses. D. promotes the understanding of the ecological systems important to the United States. E. demands that all state agencies prepare an environmental impact statement prior to taking certain actions, Answer: D. promotes the understanding of the ecological systems important to the United States. NEPA establishes a "national policy [to] encourage productive and enjoyable harmony" with nature and promotes "the understanding of the ecological systems and natural resources" important to the United States. It imposes specific "action forcing" requirements on federal agencies. The most important requirement demands that all federal agencies prepare an environmental impact statement (EIS) prior to taking certain actions. 36. Environmental impact study scoping refers to: A. designating specific geographic areas that a contemplated action will affect. B. estimating the specific population that a contemplated action will affect. C. designating which environmental issues of a contemplated action are most significant. D. specifying a backup plan should a contemplated action cause unforeseeable damage. E. specifying future environmental changes and the necessary corrective action required. Answer: C. designating which environmental issues of a contemplated action are most significant. Scoping requires that even before preparing an EIS, agencies must designate which environmental issues of a contemplated action are most significant. 37. The director of Homeland Security has exercised authority to create an exception to NEPA requirements to allow the: A. use of nuclear powered satellites with radiation-leaking radar for observation and surveillance purposes because such radar is significantly more sensitive than radiation-free radar. B. suspension of Clean Air Act and Clean Water Act restrictions in and around domestic military bases. C. suspension of Endangered Species Act restrictions when animal and plant life is affected during necessary military training maneuvers. D. building of a fence between the United States and Mexico. E. building of nuclear power plants around protected areas of the United States. Answer: D. building of a fence between the United States and Mexico. The director of Homeland Security has exercised authority to create an exception to the NEPA requirement for the fence building between the United States and Mexico. 38. Clean air standards designed to protect against air pollution effects such as injury to property, vegetation, and climate are called: A. primary air quality standards. B. secondary air quality standards. C. principal air quality standards. D. tertiary air quality standards. E. premium air quality standards. Answer: B. secondary air quality standards. Secondary air quality standards guard the public from other adverse air pollution effects such as injury to property, vegetation, and climate and damage to aesthetic values. 39. Government regulation of private action under the Clean Air Act is a _______ effort. A. federal B. state C. local government D. joint federal and state E. joint federal, state, and local government Answer: D. joint federal and state Government regulation of private action under the Clean Air Act is a joint federal and state effort. The EPA sets national ambient (outside) air quality standards, and the states devise implementation plans, which the EPA must approve, to carry them out. The states thus bear principal responsibility for enforcing the Clean Air Act, with the EPA providing standard-setting, coordinating, and supervisory functions. 40. Under the Clean Air Act, the: A. EPA sets national ambient air quality standards and the states devise implementation plans. B. states set national ambient air quality standards and the EPA devises implementation plans. C. EPA sets national ambient air quality standards and also devises the implementation plans. D. states sets national ambient air quality standards and also devise the implementation plans. E. states sets national ambient air quality standards and the local governments devise the implementation plans. Answer: A. EPA sets national ambient air quality standards and the states devise implementation plans. The EPA sets national ambient (outside) air quality standards, and the states devise implementation plans, which the EPA must approve, to carry them out. 41. For control purposes, the Clean Air Act amendments divide air pollution into the categories of sources. A. suburban and rural B. stationary and mobile C. commercial and residential D. urban and industrial E. organic and inorganic Answer: B. stationary and mobile For control purposes, the Clean Air Act amendments divide air pollution sources into two categories: stationary source and mobile source (transportation). 42. Under the ________ concept, the pollution of the plant complex as a whole is the focus of regulation. A. volume source B. area source C. line source D. point source E. bubble Answer: E. bubble The EPA is encouraging the states, through their implementation plans, to adopt an approach called the bubble concept. Under the bubble concept, each plant complex is treated as if it were encased in a bubble. Instead of each pollution point source being licensed for a limited amount of pollution emission, the pollution of the plant complex as a whole is the focus of regulation. 43. Which of the following is a control device that stationary source polluters may utilize to achieve design standards? A. Catalytic converters B. Short stacks C. Water jets D. Electromagnetic precipitators E. Scrubbers Answer: E. Scrubbers To achieve designated standards, polluters must install a variety of control devices, including wet collectors (scrubbers), filter collectors, tall stacks, electrostatic precipitators, and afterburners. 44. The ________ approach refers to pollution control system under which the right to discharge a certain pollutant would be auctioned off to the highest bidder. A. point-source B. bubble concept C. cap and trade D. emissions reduction banking E. marketable rights Answer: E. marketable rights We may be headed for a marketable rights approach to pollution control, under which the right to discharge a certain pollutant would be auctioned off to the highest bidder. 45. Under the _______ approach, businesses can cut pollution beyond what the law requires and keep these reductions for their own future use or to sell to other companies as emission offsets. A. point-source B. bubble concept C. cap and trade D. emissions reduction banking E. marketable rights Answer: D. emissions reduction banking A number of states have developed EPA-approved plans for emissions reduction banking. Under such plans, businesses can cut pollution beyond what the law requires and "bank" these reductions for their own future use or to sell to other companies as emission offsets. 46. The _________ approach to pollution control refers to a situation where the government issues a limited number of pollution permits, and companies, which can reduce emissions, can sell the unused amount of a permit. A. bubble concept B. point source C. cap and trade D. emissions reduction banking E. marketable rights Answer: C. cap and trade Under the principle of cap and trade, the government issues a limited number of pollution permits, effectively capping total greenhouse gases pollution. Companies then trade the permits. Whoever can reduce emissions can sell the unused amount of a permit. 47. Under the ________ permits issued by the EPA, polluters can engage in a family of alternative operating scenarios without the expensive delay of obtaining new permits per the previous EPA requirements. A. point B. single visit C. work D. one-way E. smart Answer: E. smart The EPA is experimenting with allowing states to issue "smart permits" to air polluters. Under these permits, polluters can engage in "a family of alternative operating scenarios" (i.e., engage in new operations) without the expensive delay of obtaining new permits as the EPA previously required. 48. Today, the estimated time needed to acquire the necessary permits to build a coal-fired electric generating plant is: A. one to two years. B. six to nine months. C. five to ten years. D. three to four years. E. two to three years. Answer: C. five to ten years. Today, the estimated time needed to acquire the necessary permits to build a coal-fired electric- generating plant is 5 to 10 years. This is nearly twice the length of time it took in the early 1970s. 49. Thermal effluents consist of: A. heated air discharged into the atmosphere. B. heated water discharged into rivers and lakes. C. warm water tides that affect the weather. D. solid waste that produces heat creating landfill-related pollution. E. heated pollutants released from gas chambers to the atmosphere. Answer: B. heated water discharged into rivers and lakes. The resulting discharge into rivers and lakes from water used for cooling and condensing purposes in connection with industrial activities sometimes takes the form of heated water, called thermal effluents. 50. The Clean Water Act applies to: A. navigable intrastate waterways. B. navigable interstate waterways. C. navigable interstate and intrastate waterways. D. navigable and nonnavigable interstate and intrastate waterways. E. navigable and nonnavigable international waterways. Answer: C. navigable interstate and intrastate waterways. The Clean Water Act applies to all navigable waterways, intrastate as well as interstate. 51. The Clean Water Act: A. sets goals and timetables to eliminate water pollution. B. directs the EPA to set maximum drinking water contaminant levels. C. mandates permits to discharge pollutants from non-point source. D. mandates permits for industrial, but exempts municipal, dischargers. E. regulates non-point source pollution, Answer: A. sets goals and timetables to eliminate water pollution. The Clean Water Act sets goals to eliminate water pollution. Various timetables apply in achieving these steps, according to the type of pollutant being discharged. 52. For the Department of Interior, the Endangered Species Act is administered by the: A. Fish and Wildlife Services. B. EPA. C. National Marine Fisheries Services. D. FEPCA. E. Fish and Wildlife Services and the National Marine Fisheries Services. Answer: E. Fish and Wildlife Services and the National Marine Fisheries Services. The Fish and Wildlife Services and the National Marine Fisheries Services administer the ESA for the Department of Interior. 53. Under the Endangered Species Act, the right to declare a species as endangered rests with the: A. director of the EPA. B. Governors of states where the species habitat is located. C. Secretary of the Interior. D. president. E. upper house of the U.S Congress. Answer: C. Secretary of the Interior. Under the Endangered Species Act, the Secretary of the Interior can list any species as "endangered," that is, "in danger of extinction throughout all or a significant portion of its range," except for certain insect pests. ("Threatened" species are also protected.) 54. The Federal Insecticide, Fungicide, and Rodenticide Act: A. requires registration and labeling of agricultural pesticides. B. requires licensing of operators using pesticides. C. prohibits the use of pesticides near schools. D. takes into account the economic and environmental, but not the social, costs and benefits of the use of any pesticide. E. applies to pesticides U.S. manufacturers ship to foreign countries. Answer: A. requires registration and labeling of agricultural pesticides. Federal regulation of pesticides is accomplished primarily through two statutes: the Federal Insecticide, Fungicide, and Rodenticide Act of 1947, as amended, and the Federal Environmental Pesticide Control Act of 1972 (FEPCA). Both statutes require the registration and labeling of agricultural pesticides, although FEPCA coverage extends to the application of pesticides as well. 55. Under the Solid Waste Disposal Act, the federal role in nontoxic waste management is to: A. provide strict guidelines to landfill composition. B. promote research and provide technical and financial assistance to the states. C. waive standards regarding other pollution that arises as a result of solid waste management. D. grant tax breaks for industries using recycled materials. E. provide for the storage, transfer, and the disposal of non-toxic waste material. Answer: B. promote research and provide technical and financial assistance to the states. Under the Solid Waste Disposal Act, the federal role in nontoxic waste management is limited mainly to promoting research and providing technical and financial assistance to the states. 56. Total solid wastes produced yearly in the U.S. equals almost tons for every individual. A. 5 B. 15 C. 25 D. 50 E. 80 Answer: C. 25 Currently, total solid wastes produced yearly in the United States exceed 5 billion tons, or almost 25 tons for every individual. 57. The primary federal effort in solid waste management is represented by the _______ Act. A. Waste and Resource Reclamation B. Solid Waste Disposal C. Landfill Management D. National Environmental Policy E. National Solid Waste Management Answer: B. Solid Waste Disposal The Solid Waste Disposal Act passed in 1965 represents the primary federal effort in solid waste control. 58. Opinion research indicates that the public's highest concern regarding regulation of industry is: A. expansion of industry into protected areas. B. control of toxic and hazardous chemicals. C. movement of industry to less-regulated countries. D. land encroachment in national parks. E. the transfer of toxic materials to developing countries. Answer: B. control of toxic and hazardous chemicals. According to the opinion research organization Yankelovich, Skelly, and White, the control of toxic and hazardous chemicals "ranks first" on the public's list of where the government's regulation of industry is needed. 59. The primary purpose of the Toxic Substances Control Act is to: A. force an early evaluation of suspect chemicals before they become economically important. B. slow down the introduction of new chemicals to encourage the use of already established chemicals. C. prevent the shipment of unsafe chemicals to foreign countries. D. create an organic environment for agriculture. E. identify water bodies for the safe disposal of toxic materials. Answer: A. force an early evaluation of suspect chemicals before they become economically important. To meet the special environmental problems posed by the use of toxic chemicals, Congress in 1976 enacted the Toxic Substances Control Act (TSCA). The primary purpose of the TSCA is to force an early evaluation of suspect chemicals before they become economically important. 60. Under the Resource Conservation and Recovery Act, a generator of wastes is obligated to: A. provide on-site disposal of the waste. B. determine if a nonlisted waste is hazardous in terms of the chemical characteristics specified by the Solid Waste Disposal Act. C. determine whether its wastes qualify as hazardous. D. produce no new chemicals. E. pay punitive and speculative damages to the aggrieved party. Answer: C. determine whether its wastes qualify as hazardous. To help ensure proper handling and disposal of hazardous and toxic wastes, Congress in 1976 amended the Solid Waste Disposal Act by the Resource Conservation and Recovery Act (RCRA). Under the RCRA, a generator of wastes has two primary obligations: To determine whether its wastes qualify as hazardous under RCRA and to see that such wastes are properly transported to a disposal facility that has an EPA permit or license. 61. Which of the following statements holds true for the manifest system of hazardous waste disposal? A. It assesses penalties for failure to comply with the provisions of RCRA. B. It refers to the software packages used for aggregating data for optimization of operations for waste collection. C. It prescribes various record-keeping requirements for waste disposal. D. It obligates the generator to determine whether its wastes qualify as hazardous. E. It requires the generator to prepare a manifest document that designates a licensed facility for disposal purposes. Answer: E. It requires the generator to prepare a manifest document that designates a licensed facility for disposal purposes. The RCRA accomplishes proper disposal of hazardous wastes through the manifest system. This system requires a generator to prepare a manifest document that designates a licensed facility for disposal purposes. 62. The Comprehensive Environmental Response, Compensation, and Liability Act: A. levies punitive damages up to five times of the cleanup costs. B. mandates notification for authorized release of hazardous substances. C. imposes strict liability on those responsible for unauthorized discharges of hazardous wastes. D. supersedes international pollution control laws. E. permits pollution within the legal limits. Answer: C. imposes strict liability on those responsible for unauthorized discharges of hazardous wastes. Passed in 1980, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), known as the Superfund, requires anyone who releases unauthorized amounts of hazardous substances into the environment to notify the government. It imposes strict liability on those responsible for unauthorized discharges of hazardous wastes. 63. Under Superfund, the costs for restoring land to its previous condition is called: A. reformation. B. remediation. C. rehabilitation. D. reconstruction. E. reclamation. Answer: B. remediation. Liability under Superfund includes the costs of remediation, which are basically the costs of restoring land to its previous condition. 64. Under the Superfund law, a purchaser of land may escape the liability to cleanup hazardous wastes by: A. fixing responsibility on the previous owner of the land. B. suing the land seller for the hazardous wastes left by the seller. C. informing the government of any hazardous wastes in the land. D. pleading ignorance to the knowledge of the act. E. proving the exercise of due diligence in checking the land for toxic hazards. Answer: E. proving the exercise of due diligence in checking the land for toxic hazards. The law makes current as well as former landowners liable for hazardous wastes. The purchaser may escape liability by proving that it is innocent of knowledge of the wastes and has used due diligence in checking the land for toxic hazards. 65. If a bank assumes ownership of a piece of contaminated land: A. the previous owner will be solely responsible for the cleanup. B. the bank can re-sell the property without any liability for cleanup. C. the bank becomes a responsible party. D. the bank cannot sell the land due to its contaminated status. E. and then sells it, the future owner will be solely responsible for the cleanup. Answer: C. the bank becomes a responsible party. Banks and other lenders who take out a security interest (such as a mortgage) in land that turns out to be contaminated and subject to the Superfund are not liable responsible parties. However, if a lender exerts control over a borrower's contaminated land, or assumes ownership of it, the lender will become a responsible party. 66. A private citizen can: A. report violations of environmental law to the EPA, but cannot act directly. B. sue polluters through governmental agencies to enforce compliance with environment law. C. sue public agencies, like EPA, to force the adoption of regulations. D. sue businesses, but not the government, to enforce rules under environmental statutes like the Clean Air Act and the Clean Water Act. E. resort to intimidatory tactics against polluting industries. Answer: C. sue public agencies, like EPA, to force the adoption of regulations. In many instances, private citizens can sue polluters directly to force them to cease violating the law. Private citizens also have standing to sue public agencies (for example, the EPA) to require them to adopt regulations or implement enforcement against private polluters that the environmental laws require. They also have the standing to sue the government or businesses to enforce rules under environmental statutes like the Clean Air Act and the Clean Water Act. 67. _________ refers to an act that causes inconvenience or damage to the public in the exercise of rights common to everyone. A. Direct interference B. Negligence C. Trespassing D. Private nuisance E. Public nuisance Answer: E. Public nuisance A public nuisance arises from an act that causes inconvenience or damage to the public in the exercise of rights common to everyone. 68. Tort law attacks the pollution problem using the established theories of: A. nuisance and trespass. B. negligence and strict liability. C. nuisance, trespass, and strict liability. D. trespass, negligence, and nuisance. E. nuisance, negligence, trespass, and strict liability. Answer: D. trespass, negligence, and nuisance. Tort theories, as they have been applied to environmental problems, focus on the action of one person (or business) as it injures what legally belongs to another. In other words, tort law attacks the pollution problem by using the established theories of nuisance, trespass, negligence, and strict liability. 69. A factory's failure to use pollution control equipment may be evidence of its failure to exercise __________ resulting in evidence of negligence. A. best practices B. prudence C. standard of care D. reasonable care E. good faith Answer: D. reasonable care A factory's failure to use available pollution-control equipment may be evidence of its failure to employ reasonable care. 70. The common law of ________ is established when the use of one's land unreasonably interferes with the use or enjoyment of another's land. A. strict liability B. negligence C. trespass D. private nuisance E. public nuisance Answer: D. private nuisance Any use of one's land that unreasonably interferes with the use or enjoyment of another's land establishes a common law private nuisance. 71. A defendant is liable for ________ if, without right, he/she intentionally enters land in possession of another or causes something to do so. A. strict liability B. negligence C. trespass D. private nuisance E. public nuisance Answer: C. trespass A defendant is liable for trespass if, without right, he/she intentionally enters land in possession of another or causes something to do so. 72. Fletcher and Co. manufactures explosives that are used for the demolition of structures. These explosives are stored in their warehouse situated in a residential area. One day, the warehouse catches fire, resulting in an explosion which causes widespread damage to the life and property of the people living in that area. Fletcher and Co. are guilty of: A. strict liability. B. negligence. C. trespass. D. private nuisance. E. public nuisance. Answer: A. strict liability. Some courts recognize the applicability in pollution cases of strict liability tort doctrine. This tort liability arises when the defendant injures the plaintiff's person or property by voluntarily engaging in ultrahazardous activity that necessarily involves a risk of serious harm that cannot be eliminated through the exercise of the utmost care. This doctrine has been employed in situations involving the storage and use of explosives. 73. The basis for the _______ tort lies in the defendant's breach of his/her duty to use ordinary and reasonable care toward the plaintiff, which proximately (foreseeably) causes the plaintiff injury. A. strict liability B. negligence C. trespass D. private nuisance E. public nuisance Answer: A. strict liability The basis for the negligence tort lies in the defendant's breach of his/her duty to use ordinary and reasonable care toward the plaintiff, which proximately (foreseeably) causes the plaintiff injury. 74. High carbon dioxide levels which lead to warmer global temperatures create the: A. butterfly effect. B. greenhouse effect. C. polar effect. D. Bohr effect. E. boomerang effect. Answer: B. greenhouse effect. Higher carbon dioxide levels will likely lead to warmer global temperatures, the so-called greenhouse effect. 75. _______ percent of the world's population uses more than half of its polluting energy. A. Ten B. Fifteen C. Twenty D. Twenty-five E. Thirty-five Answer: B. Fifteen Fifteen percent of the world's population uses more than half of its polluting energy. 76. What are the components of the environmental impact statement (EIS) and when are they required? Answer: The environmental impact statement (EIS) is a detailed statement that discusses the action to be taken and its impact on the environment, the irreversible resources required, and available alternatives to the action. An EIS must be included in every recommendation or report on proposals for legislation and other major federal actions significantly affecting the quality of the human environment. 77. What are the responsibilities of the Environmental Protection Agency? Answer: The following are the responsibilities of the Environmental Protection Agency: • Conducts research on the harmful impact of pollution. • Gathers information about present pollution problems. • Assists states and local governments in controlling pollution through grants, technical advice, and other means. • Advises the CEQ about new policies needed for protection of the environment. • Administers federal pollution laws. Feedback: Refer: Sidebar 19.2 Answer: 78. Banes and Co. is spread over an area of 1,500 acre complex in Baytown consisting of an oil refinery and two petrochemical plants. The refinery produces over 200,000 barrels per day. Residential neighborhoods are within a mile downwind from each facility, and almost 15,000 people live within three miles of the oil giant's facility. It releases gases over 3.5 million pounds of sulfur dioxide, 6 million pounds of carbon monoxide, 2 million pounds of volatile organic compounds, 275,000 pounds of nitrogen oxides, 60,000 pounds of 1,3-butadiene, and 35,000 pounds of benzene. It violates the standards established by the federal authorities. Which Act does Banes violate? Banes and Co. violates the Clean Air Act. This Act directs the EPA administrator to establish air quality standards and to see that these standards are achieved according to a definite timetable. The administrator has set primary and secondary air quality standards for particulates, carbon monoxide, sulfur dioxide, nitrogen dioxide, hydrocarbons, and lead. Primary air quality standards are those necessary to protect public health. Secondary air quality standards guard the public from other adverse air pollution effects such as injury to property, vegetation, and climate and damage to aesthetic values. 79. What are the civil and criminal penalties that enforce the Clean Air Act? Answer: Criminal sanctions include fines of individuals up to $250,000 and up to 15 years' imprisonment. Corporations can be fined up to $1 million for knowingly endangering people with emissions and up to $500,000 per incident of negligent emissions. 80. How is the bubble concept different from the point source concept when measuring pollution emissions? Answer: The point source is a specific site of pollution, such as a smokestack. The bubble concept looks at a factory (for example) as a whole for pollution, instead of as a collection of point sources. The benefit of the bubble concept is the flexibility in solving the pollution problems. The factory as a whole has to pass the pollution standards, but each smokestack does not. This allows the business to decide the most economical solution to the problem. 81. What is the technology-forcing aspect of the Clean Air Act? Answer: The Clean Air Act legally forces the industry to act. It mandates that major stationary polluters, such as steel mills and utilities, must reduce their emissions to a level sufficient to bring down air pollution to meet primary and secondary standards. Polluters must follow timetables and schedules in complying with these requirements. To achieve designated standards, they must install a variety of control devices, including wet collectors (scrubbers), filter collectors, tall stacks, electrostatic precipitators, and afterburners. New stationary pollution sources, or modified ones, must install the best system of emission reduction that has been adequately demonstrated. Under the Act's provision, citizens are granted standing to enforce compliance with these standards. The Act requires both stationary and mobile sources to meet a timetable of air pollution standards for which control technology may not exist at the time. 82. Explain how the "prevention of significant deterioration" policy under the Clean Air Act works and why it is criticized by some. Answer: Under the prevention of significant deterioration policy pollution emissions are controlled even in areas where there air is already cleaner than prevailing primary and secondary air quality standards currently require. In some of these areas, the EPA only allows the construction of pollution emission sources under very strict and limited guidelines. In some areas, the EPA allows no new pollution emitting sources art all. Critics argue that this policy prevents industry from moving into southern and western states where the air is cleaner than standards require. 83. What is "emissions reduction banking" and how is it used? Answer: Emissions reduction banking is an EPA-approved plan through which a company can cut pollution beyond what is required by the law and bank or save reduction credits for their own future use or for sale to other companies as emissions offsets. 84. Why is the permitting process adopted by the Clean Air Act one of the most controversial issues in the area of pollution control? Answer: According to the permitting process established by the Clean Air Act, a business must obtain the necessary environmental permits from the appropriate state agency before it can start constructing new pollution emission sources. The estimated time needed to acquire the necessary permits to build a coal-fired electric-generating plant is 5 to 10 years. This is nearly twice the length of time it took in the early 1970s. The formalities of the permitting process, the lack of flexibility in state implementation plans, the requirement that even minor variations in state implementation plans be approved by the EPA—all these factors contribute to delay. This has made the process controversial. 85. Shaweey Generating Station discharges more than 3 million gallons of wastewater per day containing manganese, aluminum, boron, and iron in concentrations that frequently exceed the limits that were set by the Pennsylvania Department of Environmental Protection (DEP) to protect water quality in the Conemaugh River. It also discharges selenium in excess of permit limits. Selenium can be highly toxic to fish and waterfowl. Which law does Shaweey violate? Answer: Shaweey violates the Clean Water Act. The Act sets goals to eliminate water pollution. Principally, these goals are to make the nation's waterways safe for swimming and other recreational use and clean enough for the protection of fish, shellfish, and wildlife. The law sets strict deadlines and strong enforcement provisions, which must be followed by industry, municipalities, and other water polluters. Enforcement of the Clean Water Act revolves around its permit discharge system. Without being subject to criminal penalties, no polluter can discharge pollutants from any point source (such as a pipe) without a permit, and municipal as well as industrial dischargers must obtain permits. 86. Describe the Clean Water Act sequence for cleanup of industrial wastes discharged into rivers and streams. Answer: Under the Clean Water Act, industries adopt a two-step sequence for cleanup of industrial wastes discharged into rivers and streams. The first step requires polluters to install best practicable technology (BPT). The second step demands installation of best available technology (BAT). Various timetables apply in achieving these steps, depending on the pollutant being discharged. 87. Which are the acts, apart from the Clean Water Act, related to pollution control which is administered by the EPA? Answer: In addition to the Clean Water Act, the EPA administers two other acts related to water pollution control. One, the Marine Protection, Research, and Sanctuaries Act of 1972, requires a permit system for the discharge or dumping of various materials into the seas. The other is the Safe Drinking Water Act of 1974, which has forced the EPA to set maximum drinking water contaminant levels for certain organic and inorganic chemicals, pesticides, and microbiological pollutants. 88. An organization has set up a turbine farm project near the coast. However, it so happens that the coastal area is one of the principal bird migration corridors. The sound of the turbines is likely to hurt the birds and would destroy their habitat. Which law has been violated by this organization? Answer: The organization has violated the Endangered Species Act. In determining the factors of endangerment the destruction of habitat, disease, or predation by commercial and recreational activity, and "other natural or manmade factors" constitutes an important factor. The "critical habitat" of the species which is the area with the biological or physical features necessary to species survival is also an important part. The turbine farm project would lead to the destruction of the habitat. 89. What are the different approaches taken by the state and local governments in responding to solid waste disposal problems? Answer: In responding to solid waste disposal problems, state and local governments have taken a variety of approaches. These include developing sanitary landfills, requiring that solid waste be separated into categories that facilitate disposal and recycling, and granting tax breaks for industries using recycled materials. A report by the Council of State Governments noted that thousands of cities and towns recycle solid wastes, usually in the form of household trash-separation requirements. 90. Silas suffers from mesothelioma, a disability directly linked to exposure to asbestos at the power plant that he worked in. The power plant had given no notice to the EPA that it makes use of such a substance as asbestos. Which law has been violated by the power plant where Silas worked? Answer: The power plant has violated the Toxic Substances Control Act for the use of asbestos which is a toxic substance and known to cause to cancer in humans. Silas is suffering from mesothelioma which is a form of cancer. The law also authorizes the EPA to require manufacturers to test their chemicals for possible harmful effects. This instruction was not followed by the power plant. 91. What is the manifest system that is used by the RCRA for the disposal of hazardous wastes? Answer: The RCRA accomplishes proper disposal of hazardous wastes through the manifest system. This system requires a generator to prepare a manifest document that designates a licensed facility for disposal purposes. The generator then gives copies of the manifest to the transporter of the waste. After receiving hazardous wastes, the disposal facility must return a copy of the manifest to the generator. In this fashion, the generator knows the waste has received proper disposal. Failure to receive this manifest copy from the disposal facility within certain time limits requires the generator to notify the EPA. 92. Under the Resource Conservation and Recovery Act, what are the obligations of a generator of wastes? Answer: Under the RCRA, a generator of wastes must, first, determine whether its wastes qualify as hazardous under RCRA, and then second, see that such wastes are properly transported to a disposal facility that has an EPA permit or license. 93. Who are the responsible parties recognized under the Superfund? Answer: Responsible parties have liability when there is a release or threatened release of a hazardous substance that causes response costs. Responsible parties include: • those who currently or formerly operate or own waste disposal sites, • those who arrange for disposal of wastes, and • those who transport wastes. 94. What reforms have been proposed to the Superfund law by the business community? Answer: The business community has proposed various reforms to the Superfund law. Possible reforms include: • Prorating liability for companies in Superfund litigation that agree to pay their share of cleanup costs. • Exempting companies from liability when they have contributed very small amounts of waste at a dump site. • Permitting dump site cleanups that meet health and safety standards, rather than requiring that the land be returned to a pristine state. 95. Who is responsible for control of overall radiation pollution? Answer: Although no single piece of legislation comprehensively controls radiation pollution and no one agency is responsible for administering legislation in this technologically complex area, overall responsibility for such control rests with the Nuclear Regulatory Commission. The EPA, however, does have general authority to conduct testing and provide technical assistance in the area of radiation pollution control. In addition, the Clean Air Act and the Clean Water Act also contain sections applicable to radiation discharges into the air and water. 96. What can a private citizen do to force a private polluter to comply with the Clean Air and Clean Water Acts? Answer: A private citizen may use tort theories such as nuisance, trespass, negligence, and strict liability to force polluters to comply with environmental laws. These traditional theories protect the citizen and also force compliance with the pollution laws. Private citizens also have standing to sue public agencies to require the adoption of regulations or the implementation of enforcement against private polluters. 97. James is constructing a boundary wall for his house. A tree blocks the construction. James instructs the construction workers to cut down the tree. The tree is cut and falls on the road, blocking it completely, causing great inconvenience to the people living in the locality. Under the tort law, which action can be brought against James? Answer: James can be subject to actions under creating public nuisance. The tree fell because of his act of cutting it, and is causing problems for the people staying in the locality. Public nuisance arises from an act that causes inconvenience or damage to the public in the exercise of rights common to everyone. In the environmental area, air, water, and noise pollution can all constitute a public nuisance if they affect common rights. 98. Steel and Co. is a smelting plant. Sarah's house is situated located near it. She claims that the fumes from the plant are damaging her rose plants. Under tort law, which action can be brought against Steel and Co.? Answer: Steel and Co. can be subject to actions under creating private nuisance. Any use of one's land that unreasonably interferes with the use or enjoyment of another's land establishes a common law private nuisance. Here, the fumes from the factory are affecting the roses planted by Sarah. 99. Mandy sees a watermelon in Mrs. Brown's garden and immediately wants it. In order to get the watermelon, she crosses Mrs. Brown's yard without her permission. Under tort law, which action can be brought against Mandy? Answer: Mandy can be subject to actions under the doctrine of trespass. A defendant is liable for trespass if, without right, he/she intentionally enters land in possession of another or causes something to do so. Mandy enters intentionally enters Mrs. Brown's garden. She does not ask for her permission to do so. 100. What problem does the Kyoto Protocol address and what conclusions were reached? Answer: The problem addressed in the 1997 Kyoto Protocol was the greenhouse effect, i.e., global warming due to atmospheric build up of carbon dioxide gas. Under the Kyoto Protocol, the signatory countries will reduce their emissions of greenhouse gases below the 1990 levels. The United States may not ratify the accord because it would probably mean the United States would have to burn less coal and oil, a potentially dangerous problem for the economy Test Bank for The Legal and Regulatory Environment of Business O. Lee Reed, Marisa Pagnattaro, Daniel Cahoy, Peter Shedd, Jere Morehead 9780073524993, 9780077437336, 9781260161793
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