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This Document Contains Chapters 17 to 18 Chapter 17 Employment Discrimination True/False 1. Title VII of the Civil Rights Act of 1964 does not apply to employers with fifteen or more employees. A. True B. False Answer: False 2. The Civil Rights Act of 1964 prohibits discrimination against job applicants on the basis of national origin. A. True B. False Answer: True 3. The rights of employees to bring discrimination claims against their employer as a group, or class, is limited. A. True B. False Answer: True 4. Title VII of the Civil Rights Act of 1964 prohibits only intentional discrimination. A. True B. False Answer: False 5. Making out a prima facie case of discrimination means that a plaintiff has met his or her initial burden of proof. A. True B. False Answer: True 6. Intentional discrimination is known as disparate-impact discrimination. A. True B. False Answer: False 7. When a job requirement excludes members of a protected class from an employer’s workforce at a substantially higher rate than non members, discrimination occurs. A. True B. False Answer: True 8. Mere fear of litigation is a sufficient reason for an employer to engage in reverse discrimination. A. True B. False Answer: False 9. Section 1981—a federal statute that prohibits discrimination on the basis of race or ethnicity in the formation or enforcement of contracts—can provide a basis for a plaintiff’s employment-discrimination action. A. True B. False Answer: True 10. Employers can require employees to participate in religious activity. A. True B. False Answer: False 11. Employers cannot treat their employees more or less favorably based on their religious beliefs or practices. A. True B. False Answer: True 12. A plaintiff alleging wage discrimination must file a complaint within a certain period of time of the decision that set the discriminatory pay. A. True B. False Answer: False 13. Federal law prohibits employers from classifying jobs as male or female. A. True B. False Answer: True 14. Federal law does not prohibit employers from engaging in gender-based wage discrimination. A. True B. False Answer: False 15. Sexual harassment occurs only if sexual favors are demanded of an employee. A. True B. False Answer: False 16. Employee demotion will support a finding of constructive discharge, particularly when the employee was subjected to humiliation. A. True B. False Answer: True 17. Constructive discharge is a theory that plaintiffs can use to establish only certain types of discrimination claims. A. True B. False Answer: False 18. A tangible employment action is a significant change in employment status or benefits. A. True B. False Answer: True 19. When the harassment by co-workers creates a hostile working environment, an employee may have a cause of action against the employer. A. True B. False Answer: True 20. An employer may be liable for the harassment by nonemployees if the employer knew about the harassment and failed to take corrective action. A. True B. False Answer: True 21. Protection against discrimination under the Civil Rights Act of 1964 extends to individuals who are sexually harassed by members of the same gender. A. True B. False Answer: True 22. There is no cap on damages for discrimination in violation of the Civil Rights Act of 1964. A. True B. False Answer: False 23. A plaintiff who proves unlawful discrimination may be awarded reinstatement, back pay, but not retroactive promotions. A. True B. False Answer: False 24. Under the Age Discrimination in Employment Act of 1967, a plaintiff must prove that he or she was replaced by a person “outside the protected class.” A. True B. False Answer: False 25. State employers are not immune from private suits brought by employees under the Age Discrimination in Employment Act of 1967. A. True B. False Answer: False 26. Under the Age Discrimination in Employment Act of 1967, the plaintiff must show that unlawful discrimination was the reason for an adverse employment action. A. True B. False Answer: True 27. State employers are not immune from private suits brought by employees under the Americans with Disabilities Act of 1990. A. True B. False Answer: False 28. Under the Americans with Disabilities Act of 1990, an employer must hire unqualified applicants who have disabilities. A. True B. False Answer: False 29. Employers can consider mitigating measures or medications when determining if an individual has a disability that fits the definition in the Americans with Disabilities Act of 1990. A. True B. False Answer: False 30. If a job applicant or an employee with a disability, with reasonable accommodation, can perform essential job functions, the employer must make the accommodation. A. True B. False Answer: True 31. The Americans with Disabilities Act of 1990 requires that employers accommodate the needs of applicants or employees with disabilities who are not otherwise qualified for the work A. True B. False Answer: False 32. Employers who do not accommodate the needs of persons with disabilities must demonstrate that the accommodations would cause undue hardship. A. True B. False Answer: True 33. Gender can be a bona fide occupational qualification. A. True B. False Answer: True 34. An employer may defend against a claim of unintentional discrimination by asserting that a practice that has a discriminatory effect is a business necessity. A. True B. False Answer: True 35. Under Title VII of the Civil Rights Act of 1964, most private firms are required to implement affirmative action policies. A. True B. False Answer: False Multiple Choice 36. John is thirty years old and Kelly does not have a college degree. Based on this information, members of protected classes include A. John and Kelly. B. John only. C. Kelly only. D. neither John nor Kelly. Answer: D 37. Brian is forty-five-year-old white male with Parkinson’s disease. Brian is a member of A. one protected class. B. two protected classes. C. three protected classes. D. no protected classes. Answer: B 38. Personnel Staffing Corporation meets all of the requirements to be subject to the federal employment discrimination laws. Among these, the most important statute prohibiting discrimination against members of protected classes is A. the Age Discrimination in Employment Act of 1967. B. the Americans with Disabilities Act of 1990. C. the National Labor Relations Act of 1935. D. Title VII of the Civil Rights Act of 1964. Answer: D 39. Resourced Forestry Corporation and the Service Employees International Union are sued by plaintiffs alleging job discrimination in violation of Title VII of the Civil Rights Act of 1964. This law applies to employers and labor unions with at least A. fifteen employees or members. B. five employees or members. C. ten employees or members. D. one employee or member. Answer: C 40. Hu believes that he is a victim of a form of employment discrimination that falls under Title VII of the Civil Rights Act. Compliance with this statute is monitored by A. employees and job applicants, not an administrative agency. B. employers and businesses, not an administrative agency. C. the courts and Congress, not an administrative agency. D. the Equal Employment Opportunity Commission. Answer: D 41. Origami Paper Products Corporation meets all of the requirements to be subject to the federal employment discrimination laws. These laws restrict the ability of employers to discriminate against workers on the basis of A. experience. B. gender. C. intelligence. D. skill. Answer: B 42. Truman applies for a job at Skylight Canopy Corporation for which he is well qualified, but for which he is rejected. Skylight continues to seek applicants and eventually fills the position with a person who is not a member of a minority. Truman may succeed in a suit against Skylight for discrimination if he is a member of A. a protected class. B. a majority group. C. an employers’ association. D. a union. Answer: A 43. Dakota believes that Credit Services Corporation (CSC) has discriminated against her on the basis of gender. She files a suit against CSC under the Civil Rights Act of 1964. To es-tablish a primafacie case of employment discrimination, Dakota must show that A. she is a member of a protected class. B. CSC has no legal defenses against the claim. C. discriminatory intent motivated CSC’s act. D. no other firm in CSC’s industry has committed a discriminatory act. Answer: A 44. Cody believes that Delta Corporation has dis-criminated against him on the basis of gender. Cody files a suit against Delta under Title VII. To establish a primafacie case of employment discrimination, Cody must show that A. Cody is a member of a protected class. B. Delta has no legal defenses against the claim. C. discriminatory intent motivated Delta’s act. D. other firms in Delta’s industry have committed discriminatory acts. Answer: A 45. Sarah believes that she was rejected for a position at Trekking Travel Agency due to her race. Sarah files a suit against Trekking Travel Agency under Title VII on the basis of disparate-treatment discrimination. Sarah must show all of the following except that A. she is a member of a protected class. B. she applied and was qualified for the job in question. C. she was rejected by Trekking Travel Agency. D. other people of her race hold similar positions with other employers. Answer: D 46. Lew, a member of a protected class, applies for a job with Mit-E Construction Company, but fails Mit-E’s employment test and is not hired. Lew believes that the test has an unintentionally discriminatory effect. If so, this is A. reverse discrimination. B. disparate-impact discrimination. C. disparate-treatment discrimination. D. not discrimination. Answer: B 47. Melanie files an employment discrimination suit against Natural Gas Industries Corp. under Title VII on a disparate-impact theory. To succeed, Melanie must show that a protected group of people are adversely affected by any of the following except the employer’s A. practices. B. procedures. C. tests. D. seniority system. Answer: D 48. Olivia applies for a job with Petro Company. Petro does not hire Olivia because of her ethnicity. This is A. reverse discrimination. B. disparate-impact discrimination. C. disparate-treatment discrimination. D. not discrimination. Answer: C 49. Chuck files a suit against Drain-Pro Plumbing & Repair LLC under the Civil Rights Act of 1964, claiming reverse discrimination. To support this claim, Chuck must show that he is a member of A. a protected class. B. a majority group. C. an employers’ association. D. a union. Answer: B 50. Gala and Hoyt are employees of IT Business Solutions, Inc. Under the Equal Pay Act of 1963, IT Business Solution scan legitimately pay different wages on the basis of A. merit. B. job descriptions. C. substantial equality of skill, effort, and responsibility. D. gender. Answer: A 51. Greta is the only female employee in the maintenance department of Hydraulics Inc. Greta’s supervisor and co-workers tease and play tricks on her so relentlessly that she feels compelled to quit. This is A. a constructive discharge. B. a destructive discharge. C. an instructive discharge. D. not a discharge. Answer: A 52. Ruth is a supervisor for Subs & Suds, a restaurant. Tim is a Subs employee. The owner announces that some employees will be discharged. Ruth tells Tim that if he has sex with her, he can keep his job. This is A. harassment on the basis of sexual orientation. B. not harassment. C. quid pro quo harassment. D. same-gender harassment. Answer: C 53. The standard for determining whether constructive discharge has occurred is whether or not A. a reasonable person in the employee’s position would feel compelled to quit. B. the employee’s annual wage rate is fair. C. a person of another race in the employee’s position would feel compelled to quit. D. a person of the opposite gender in the employee’s position would feel compelled to quit. Answer: A 54. Elsa participates in a Title VII investigation at the firm where she works. As a result, Elsa’s employer demotes her. Elsa can file A. a harassment complaint. B. a retaliation claim. C. a constructive discharge claim. D. a disparate-impact discrimination claim. Answer: B 55. Machine Fabrication, LLC, may be liable for the sexual harassment of an employee if it knew or should have known about the harassment, failed to take immediate action, and the harassment was committed by A. the employee’s previous employer. B. a company supplier. C. a close relative. D. a competitor. Answer: B 56. Polly files an employment discrimination suit against Quantitative Analysis, Inc., under the Civil Rights Act of 1964, based on its discharge of Polly. Possible relief includes A. impriosnment. B. reinstatement. C. fines. D. an order to shutdown the employer’s business. Answer: B 57. Lisa brings a lawsuit against her employer for unlawful discrimination. Lisa is successful in proving that she was unlawfully discriminated against by her employer. Lisa may be awarded A. back pay, but not retroactive promotions. B. retroactive promotions, but not back pay. C. damages, but not back pay. D. back pay, retroactive promotions and damages. Answer: D 58. Jill, a fifty-year-old member of a racial minority with a disability, believes that she is a victim of employment discrimination. Potentially the most widespread form of discrimination is based on A. age. B. disability. C. gender. D. race. Answer: A 59. Lizzie replaces Mike in his job at National Business Corporation (NBC). Mike believes that he has been discriminated against on the basis of his age. For the Age Dis-crimination in Employment Act of 1967 to apply A. all parties must be forty years of age or younger. B. Lizzie must be forty years of age or older. C. Mike must be forty years of age or older. D. Mike must have been an NBC employee for at least forty years. Answer: C 60. Destination Resort Company replaces Estee, a forty-five-year-old employee, with Francesca. Estee files a suit against the employer under the Age Discrimination in Employment Act of 1967. To establish a primafacie case, Estee must show, among other things, that she is A. deserving of higher pay than Francesca. B. generally more dependable than Francesca. C. older than Francesca. D. qualified for the position. Answer: D 61. Elton files a suit in a federal district court against the state of Florida, alleging employment discrimination under the Age Discrimination in Employment Act of 1967. The state asks the court to dismiss the suit. The court is most likely to rule that A. the state is immune from the suit. B. the suit can proceed. C. Elton is immune from any defense the state might offer. D. the court is immune from such a request. Answer: A 62. Paula, a disabled person, applies for a job at Quantity Corporation for which she is well qualified, but for which she is rejected. Quantity continues to seek applicants and eventually fills the position with a person who is not disabled. Paula is most likely to succeed in a suit against Quantity for discrimination under the Americans with Disabilities Act of 1990 if she can show that A. she was not hired solely because of her disability. B. she can function well with corrective devices or on medication. C. her disability causes her undue hardship. D. she could not perform the job even with reasonable accommodation. Answer: A 63. Jerry, a paraplegic, applies for a job as a disk jockey with KLKT, a local radio station. The station’s manager says, “Sorry, man. You meet all our requirements. But we need someone who can move around the broadcast studio without accommodation.” Most likely, Jerry could recover from the station under A. no federal law. B. Title VII of the Civil Rights Act of 1964. C. Section 1981. D. the Americans with Disabilities Act of 1990. Answer: D Fact Pattern 17-1 (Questions 29–30 apply) Beth, who has a disability, is an employee of Corporate Office Company (COC). After the installation of new doors on COC’s building, Beth finds it nearly im-possible to get in and out. For repeatedly failing to be on time, COC replaces Beth with Dian, who does not have a disability. 64. Refer to Fact Pattern 17-1. To succeed with a claim against COC under the Americans with Disabilities Act, Beth will have to show that A. Beth consistently met the essential requirements of her job. B. COC refused to make reasonable accommodation for Beth. C. Dian is unqualified for Beth’s position. D. the doors were installed as an act of intentional discrimination. Answer: B 65. Refer to Fact Pattern 17-1. To successfully defend against Beth’s claim, COC will have to show that A. Beth consistently failed to meet the essential requirements of her job. B. COC cannot make changes to the doors without undue hardship. C. Dian is qualified for Beth’s position. D. the doors were not installed as an act of intentional discrimination. Answer: B 66. Flynn is a drug addict who has completed a supervised drug-rehabilitation program. Gert used drugs casually in the past. Heath reports to work while under the influence of alcohol. Considered to have a disability under the Americans with Disabilities Act of 1990 is A. Flynn. B. Gert. C. Heath. D. all of the choices. Answer: A 67. Lingerie Closet, a women’s clothing store, employs female attendants to as-sist customers in the dressing rooms. Mark, a forty-one-year-old male, ap-plies for an attendant’s job, but is not hired. In Mark’s suit against Lingerie Closet for employment discrimination under Title VII, the store has A. no defense. B. a bona fide occupational qualification defense. C. a business necessity defense. D. an after-acquired evidence defense. Answer: B 68. Food Packaging Corporation (FPC) requires its employees to have a high school diploma, claiming a definite connection between a high school education and job performance. In a suit against FPC under Title VII, this requirement is shown to have a discriminatory effect. The employer has A. no defense. B. a bona fide occupational qualification defense. C. a business necessity defense. D. an after-acquired evidence defense. Answer: C 69. Valerie is a pilot for Airborne Airlines. Airborne’s policy is to restrict Valerie and its other pilots from flight responsibilities after a certain age. This is most likely A. a legitimate bona fide occupational qualification. B. discrimination on the basis of age. C. reverse discrimination. D. discrimination on the basis of disability. Answer: A 70. Jason and Katrina work on the loading dock for Longhaul Transport Company. Jason has a disability. Katrina has seniority. Jason asks for a transfer, which would represent an accommodation for his disability. Longhaul gives the transfer to Katrina on the basis of her seniority. Jason files a suit against Longhaul for discrimination on the basis of his disability. The court is most likely to rule that A. Katrina’s seniority is a good defense. B. Jason’s disability is a sufficient basis for relief. C. Longhaul’s action was a business necessity. D. Longhaul’s action was a reasonable accommodation. Answer: A Essay 71. Gelato Cheese Company, a major processor of cheese sold throughout the United States, employs one hundred workers at its principal processing plant. The plant is located in Heartland Corners, which has a population that is 50 percent white and 25 percent African American, with the balance Hispanic American, Asian American, and others. Gelato requires a high school diploma as a condition of employment for its cleaning crew. Three-fourths of the white population completed high school, compared with only one-fourth of those in the minority groups. Gelato has an all-white cleaning crew. Has Gelato violated the Civil Rights Act of 1964? Explain. Answer: An employer can legally impose an educational requirement if the requirement is directly related to, and necessary for, performance of the job. In this situation, the employer is requiring a high school diploma as a condition of employment for its cleaning crew. A high school diploma is not related to, or necessary for, the competent performance of a job on a cleaning crew. Gelato as an employer falls under the Civil Rights Act of 1964. Therefore, if someone were to challenge Gelato’s practices, a court would be likely to consider the disparate impact that the educational requirement had on Gelato’s hiring of minorities. Gelato’s educational requirement resulted in its hiring an all-white cleaning crew in an area in which 75 percent of the pool of qualified applicants were minorities. Therefore, Gelato’s educational requirement would likely be considered unintentional (disparate-impact) discrimination against minorities. 72. For twenty years, Ozzie works for Players Paradise, a destination for vacationers from across the United States, maintaining golf carts. After a steady stream of positive job evaluations and merit pay raises, Ozzie is promoted to the position of supervisor of golf-cart maintenance at three of Players’s courses. Five years later, a new employee, Quentin, is hired to oversee operations at all ten of Players’s courses. Quentin demotes Ozzie, who is now over the age of forty, to running only one of the three cart facilities, and freezes his salary. Quentin demotes five other employees over the age of forty and places one of Ozzie’s former facilities under the supervision of Richie, who is twenty-three. Ozzie overhears Richie say, “We’re going to have to do away with these old, senile men.” Less than a year later, Quentin reconsolidates the three cart facilities’ operations under Richie’s charge. Ozzie quits and files a suit against Players for employment discrimination. Should he prevail? Explain. Answer: The Age Discrimination in Employment Act (ADEA) of 1967 prohibits discrimination in employment on the basis of age against individuals forty years of age or older. For the ADEA to apply, an employer must have twenty or more employees, and interstate commerce must be affected by the employer’s business activities. Ozzie worked at Players Paradise, which with ten golf courses most likely employed more than twenty persons. The court would also probably find that Players’s activities affected inter-state commerce because it is a vacation destination with visitors from many states. Ozzie could likely establish the rest of a prima facie case. Because Ozzie was not demoted due to any apparent job-performance problems, the fact that he was replaced by a person approximately half his age, coupled with Richie’s statement about get-ting rid of all the “old, senile men,” would be enough to shift the burden to Players to show that it was not discriminating on the basis of age. Ultimately, based on the facts in the question, Ozzie would probably prevail. Chapter 18 Environmental Law True/False 1. Injured individuals can rely on the common law to obtain damages and injunctions against business polluters. A. True B. False Answer: True 2. A public authority, such as a state’s attorney general, can sue to stop a “public” nuisance. A. True B. False Answer: True 3. Businesses that engage in ultrahazardous activities are not liable for any injuries the activities cause. A. True B. False Answer: False 4. Only the federal government may restrict emissions from motor vehicles. A. True B. False Answer: False 5. State laws may regulate a business’s disposal of toxic wastes. A. True B. False Answer: True 6. An environmental impact statement is required for every major federal action that significantly affects the quality of the environment. A. True B. False Answer: True 7. Federal law provides the basis for issuing regulations to control multistate air pollution. A. True B. False Answer: True 8. The Environmental Protection Agency periodically updates the air pollution standards. A. True B. False Answer: True 9. There are no plans to develop national standards regulating the fuel economy and emissions for medium- and heavy-duty trucks. A. True B. False Answer: False 10. The Environmental Protection Agency has concluded that greenhouse gases, including carbon dioxide emissions, do not constitute a public danger. A. True B. False Answer: False 11. The primary responsibility for preventing and controlling air pollution rests with the federal government. A. True B. False Answer: False 12. Different standards for air quality apply to existing sources of pollution and major new sources. A. True B. False Answer: True 13. The Environmental Protection lists all hazardous air pollutants (HAPs) on a prioritized schedule. A. True B. False Answer: True 14. Performance standards for major sources of air pollution require the use of the any available technology, or AAT. A. True B. False Answer: False 15. Persons who provide information about violators of the Clean Air Act may be paid up to $10,000. A. True B. False Answer: True 16. Those who knowingly violate the Clean Air Act may be subject to civil penalties but not criminal penalties. A. True B. False Answer: False 17. National Pollutant Discharge Elimination System permits can be issued even if a discharge will violate water-quality standards. A. True B. False Answer: True 18. The National Pollutant Discharge Elimination System focuses on industrial wastewater and storm water discharges. A. True B. False Answer: False 19. New sources of water pollutants must install pollution-control equipment before beginning operations. A. True B. False Answer: True 20. National effluent (pollution) standards are set by the Environmental Protection Agency for each industry. A. True B. False Answer: True 21. Any point source emitting pollutants into water must have a permit. A. True B. False Answer: True 22. Special requirements must be met to discharge toxic chemicals into surface waters. A. True B. False Answer: True 23. The courts have considerably scaled back the Clean Water Act’s protection of wetlands. A. True B. False Answer: True 24. The Clean Water Act permits the filling or dredging of wetlands without a permit. A. True B. False Answer: False 25. Under the Clean Water Act, criminal penalties apply whether a violation was intentional or unintentional. A. True B. False Answer: False 26. Public water system operators must meet the Environmental Protection Agency’s standards regardless of the economic and technological feasibility. A. True B. False Answer: False 27. Under the Safe Drinking Water Act, each supplier of drinking water is required to send every household that it supplies with water an annual statement describing the source. A. True B. False Answer: True 28. The Safe Drinking Water Act requires the EPA to set maximum levels for pollutants in public water systems. A. True B. False Answer: True 29. Any oil facility that discharges oil into navigable waters or onto an adjoining shore may be liable for cleanup costs, as well as damages. A. True B. False Answer: True 30. It is a violation of federal law to sell a pesticide or herbicide that has a chemical strength different from the concentration declared on the label. A. True B. False Answer: True 31. It is a violation of federal law to destroy or deface any labeling required on a pesticide or herbicide. A. True B. False Answer: True 32. The Environmental Protection Agency can regulate a toxic substance that poses an imminent hazard but cannot prohibit its use altogether. A. True B. False Answer: False 33. When a release of hazardous chemicals from a site occurs, potentially responsible parties can avoid liability through transfer of ownership. A. True B. False Answer: False 34. Liability does not extend to businesses that merge with or buy corporations that have violated CERCLA. A. True B. False Answer: False 35. There are no defenses to liability under the Comprehensive Environmental Response, Compensation, and Liability Act. A. True B. False Answer: False Multiple Choice 36. Ultrahazard Removal & Disposal Corporation transports radioactive materials. Vincent, an Ultrahazard employee, is diagnosed with radiation sickness after exposure to the materials. Vincent’s suit against Ultrahazard to recover for the injury is known as A. an environmental impact statement. B. a nuisance. C. a toxic tort. D. a hazardous substance response. Answer: C 37. Refuse Reuse & Disposal Center operates a recycling plant. Stan and other Refuse Reuse neighbors file a suit, alleging injuries from the plant. To succeed, they must show that the defendant failed to use reasonable care if the suit is based on A. a negligence theory. B. a nuisance theory. C. any theory. D. a strict liability theory. Answer: A 38. Verna makes a living by commercial fishing in a river allegedly polluted by Wall Paint Company. To bring a suit against Wall Paint on the ground of private nuisance, Verna must allege that she suffers from A. a distinct harm separate from that affecting the general public. B. a lesser harm than an injunction would impose on Wall Paint. C. Wall Paint’s failure to use reasonable care to avert herm to Verna. D. the same harm as that affecting the general public. Answer: A 39. Mineral Mining Company operates a gravel pit next to Norah’s residence. Norah files a suit against Mineral Mining, alleging that the pit is a source of pollution, a nuisance, and unreasonably inter-feres with the enjoyment of her property. The court is most likely to award Norah an injunction A. if letting the pollution continue is equally as harmful as stopping it. B. if letting the pollution continue is less harmful than stopping it. C. if letting the pollution continue is more harmful than stopping it. D. under no circumstances. Answer: C 40. Oscar begins to operate a hog farm next to Robyn’s vineyard and winery. Robyn files a suit against Oscar, alleging that the hog farm is a source of pollution, a nuisance, and unreasonably inter-feres with Robyn’s enjoyment of her property. The court is most likely to award Robyn damages A. if letting the pollution continue is equally as harmful as stopping it. B. if letting the pollution continue is less harmful than stopping it. C. if letting the pollution continue is more harmful than stopping it. D. under no circumstances. Answer: B 41. Congress enacts a new air quality statute that applies to businesses. To enforce federal environmental legislation, the federal government relies on A. all levels of government and private citizens. B. federal agencies only. C. local sheriffs and police departments. D. businesses’ voluntary compliance. Answer: A 42. Nashville, Tennessee, passes an ordinance to regulate waste disposal. The disposal of waste may also be regulated by A. all other levels of government. B. no other levels of government. C. the federal government only. D. the Tennessee state government only. Answer: A 43. Clean n’ Green, Inc., operates a chain of car washes throughout the United States. The government entity that is most likely to be involved in regulating the chain’s environmental impact is A. Congress. B. federal and state regulatory agencies. C. local chambers of commerce. D. local police departments. Answer: B 44. Energy Market Corporation wants to build a wind power plant on private land, for which a federal permit is required. For this action, an environ-mental impact statement is A. prohibited. B. required. C. unnecessary. D. voluntary. Answer: B 45. Ski Resorts, Inc., wants to add a new run to its facility in a national park on federal land. For this action, an environmental impact statement is A. prohibited. B. required. C. unnecessary. D. voluntary. Answer: B 46. New Town Construction, Inc., wants to build a parking ramp to connect to its New Town Mall, both of which are on private land. For this action, an environmental impact statement is A. prohibited. B. required. C. unnecessary. D. voluntary. Answer: C 47. Rural Electric Company submits a bid to build a dam on federal land as part of a federal project. For this action, an environmental impact statement is most likely A. prohibited. B. required. C. unnecessary. D. voluntary. Answer: B 48. The National Park Service hires Outdoor Play, Inc., to replace outdated playground equipment in a handful of national parks. For this action, an environmental impact statement is most likely A. prohibited because the action does not affect the environment. B. required because the action is “federal.” C. unnecessary because the action is not “major.” D. voluntary because the action does not affect the environment. Answer: C 49. The operations of Metal Refining Industries, Inc., are major sources of air pollution. These operations must use A. the absolutely cleanest air technology. B. the best available filter technology. C. the maximum achievable control technology. D. the most affordable scrubbing technology. Answer: C 50. Metal Smelting, Inc., operates a plant—a “major source”—that emits hazardous air pollutants for which the Environmental Protection Agency has set maximum levels of emission. The plant does not use any equipment to reduce its emissions. Under the Clean Air Act, this is most likely A. a violation. B. not a violation because a “major source” is exempt. C. not a violation because the plant does not use any equipment. D. not a violation because the plant is not a mobile source. Answer: A 51. Bread Baking Company operates a commercial baking plant—a “major source”—that emits hazardous air pollutants for which the Environmental Protection Agency has set maximum levels of emission. The plant does not use any equipment to reduce its emissions. Under the Clean Air Act, this is most likely A. a violation. B. not a violation because baking is not considered to be polluting. C. not a violation because the plant does not use any equipment. D. not a violation because the plant is not a mobile source. Answer: A 52. Regulations governing air pollution cover mobile and stationary sources. Those who may be subject to penalties for violations of the Clean Air Act include A. corporate officers who knowingly violate the act. B. persons who provide information about violators but otherwise fail to act. C. private citizens who fail to sue violators. D. none of the choices. Answer: A 53. Industrial Solvents, Inc., averages $15,000 profit per day before deciding to ignore air pollution standards, after which the average is $30,000. Industrial Solvents is subject to a fine of A. $0. B. $15,000 per day. C. $30,000 per day. D. $30,000 total. Answer: C 54. Fried Food, Inc., operates a commercial frying plant, discharging pollutants into the air. Greg reports the violations to the Environmental Protection Agency. Greg A. is not entitled to a payment. B. may be paid up to any amount. C. may be paid up to $1,000. D. may be paid up to $10,000. Answer: D 55. Without a permit, Timberline Plywood Company discharges its untreated wastewater into Urban City’s storm drainage pipes, which empty into Valley Creek. Under the Clean Water Act, this discharge is most likely A. a violation. B. not a violation because the company does not have a permit. C. not a violation because water is not a stationary source. D. not a violation because a storm drainage pipe is not a point source. Answer: A 56. Green River Energy Corporation wants to begin operations that include the discharge of waste into navigable waters. Under the Clean Water Act, Green River must install certain equipment A. after beginning operations. B. before beginning operations. C. during operations. D. only if a regulatory agency challenges the discharge. Answer: B 57. Vending Products Company operates a vending machine manufacturing plant on Wilde River. Discharging pollutants from the plant into the river can result in A. civil penalties and criminal penalties. B. civil penalties only. C. criminal penalties only. D. no penalties. Answer: A 58. Without a permit from the U.S. Army Corps of Engineers, Holiday Timeshares, Inc., fills a wetlands area that it owns before constructing a residential resort. Under the Clean Water Act, this is most likely A. a violation. B. not a violation because a permit is not needed to fill wetlands. C. not a violation because the area was filled before construction. D. not a violation because there was no discharge of pollution. Answer: A 59. Energy Resources, Inc., operates an oil refinery near Forest River, which flows into Grove Lake. Discharging oil from the refinery into the river can result in A. penalties and damages. B. penalties only. C. damages only. D. none of the choices. Answer: A 60. Grease & Lubricants Inc. makes its products without required pollution control technology, causing a discharge of oily waste into the nearby Holly Lake. This activity can result in A. a fine. B. an injunction. C. imprisonment. D. all of the choices. Answer: D 61. County Water & Sewer operates a public water supply system. County Water must send to every household that it supplies with water an annual statement describing A. County Water’s financial situation and material facts that might affect it. B. other operations, such as irrigation and water conservation, in which County Water is involved and to what extent. C. parties who might be held liable if pollution problems arise. D. the source of the water, and any contaminants and health concerns. Answer: D 62. Metro City operates its own municipal public drinking water system for which the Environmental Protection Agency has set maximum levels of pollutants. Metro does not use any equipment to meet these standards. With regard to any contamination of the water, under the Safe Drinking Water Act, this is most likely A. a violation. B. not a violation because Metro does not set the standards. C. not a violation because water is not a stationary source. D. not a violation because Metro does not use any equipment. Answer: A 63. A barge owned by Bayshore Shipping Company discharges some of the oil contained in its hold into Chesapeake Bay and onto the shore. Under the Oil Pollution Act, this is most likely A. a violation. B. not a violation because an oil discharge is not pollution. C. not a violation because a floating barge is not a stationary source. D. not a violation because a ship’s hold is not a point source. Answer: A 64. Under the Marine Protection, Research, and Sanctuaries Act (the Ocean Dumping Act), Coastline Chemicals, Inc., may dump its chemical waste into the ocean A. after obtaining a permit. B. before obtaining a permit. C. without a permit. D. not at all. Answer: D 65. Noxious, Inc., makes and sells pesticides. If a substance is identified as harmful and the harm is imminent, the Environmental Protection Agency can A. conduct an inspection of Noxious’s plant. B. declare the substance to be unregulated and allow its production. C. ignore the risk if the benefit outweighs the harm. D. order the substance to be sold in an adulterated form. Answer: A 66. Hi-Yield Agriculture, Inc., makes a pesticide with a one-in-a-million risk to people of developing cancer from exposure. This substance must be A. disposed of before anyone develops cancer. B. registered before it is sold. C. taken off the market and placed in temporary storage. D. used only in a way that avoids exposure to people. Answer: B 67. Smelting & Refining Company generates solid waste considered hazardous. The company labels and packages properly all waste to be trans-ported to a disposal site. Under the Resource Conservation and Recovery Act, this is most likely A. not a violation. B. a violation because Smelting & Refining generates solid waste. C. a violation because the waste is transported off-site. D. a violation because the waste is considered hazardous. Answer: A 68. Before being transported, hazardous waste generated by Perilous Fabrication, Inc., must be properly labeled and packaged under the Resource Conservation and Recovery Act by A. the federal Environmental Protection Agency. B. the local Resource Conservation and Recovery Committee. C. the state Environmental Regulatory Commission. D. Perilous Fabrication, Inc. Answer: D 69. Remote Disposal Company operates a hazardous waste storage facility. Concerned that there may be a release of chemicals from the site, Remote sells the property to Serene Developers, Inc. If there is a release, Remote is most likely A. liable. B. not liable because the site was sold before the release. C. not liable because Remote was concerned about the release. D. not liable because Remote no longer operates the facility. Answer: A 70. BioChemical Disposal Corporation operates a hazardous waste storage facility. ChemCo Inc. buys BioChemical before it is discovered that the firm’s disposal practices violated CERCLA. With respect to these violations, Superfund imposes on ChemCo A. strict liability. B. liability under the nuisance doctrine. C. liability on a negligence theory. D. no liability. Answer: A Essay 71. Metal Smelting & Foundry Inc.’s complex spews smoke and odors. The site features its own rail system, and trucks enter and exit the com-plex night and day. Neal and other residents of an adjacent neighbor hood can feel the vibrations of the trains and trucks, and suffer other effects from the operations. Neal and others file a suit against Metal Smelting. Why might the court rule in favor of the defendant? Answer: The court might rule in favor of Metal Smelting, or at least decline to enjoin its operations, on the ground that the hard-ships to be imposed on Metal Smelting and on the community are greater than the hardships suffered by Neal and the other residents of the nearby neighborhood, despite the pollution and noise. The court might deny an injunction if the Metal Smelting plant is the heart of the local economy, for example, and award the residents only damages. 72. Bertha owns land located outside Centre City. Bertha sells the land to Disposal & Recycling, Inc., which establishes a hazardous waste disposal facility at the site. Disposal & Recycling accepts only waste transported by Eco Trucking Inc. exclusively from Federated Industries, Inc. Several years later, Disposal & Recycling closes its facility and sells the land to Garden Variety Retail Corporation, which builds a Home & Yard store on the site. Meanwhile, some of Centre City’s citizens complain to the Environmental Protection Agency (EPA) that the city’s municipal water supply is pol-luted. The EPA investigates and discovers that the sources of the pollution are leaks of hazardous waste from what is now the Home & Yard site. The EPA cleans up the site. Who can be held liable for the cost of cleaning up the site? What standards must Centre City meet regarding the water? Answer: Disposal & Recycling, Eco Trucking, Federated Industries, or Home & Yard may be held liable for the cost of cleaning up the site. Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or Superfund, the EPA can recover the cost of cleaning up a leaking hazardous waste disposal site from the party who generated the waste disposed of at the site, the party who trans-ported the waste to the site, the party who owned or operated the site at the time of the disposal, or the current owner of the site. These potentially responsible parties are jointly and severally liable: a party who generates only a fraction of the waste, for example, can be held liable for the entire cleanup cost. Of course, whoever is held liable for the cost can bring a contribution action against any other person who is, or who may be, liable for a percentage of the expense. Under the Safe Drinking Water Act, Centre City, as an operator of a municipal water supply system, is re-quired to meet the EPA’s standards for the levels of pollutants in public water systems. Centre City must use the best available technology that is economically and technologically feasible to meet these standards. Test Bank for Essentials of the Legal Environment Today Roger LeRoy Miller 9781305262676

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