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Exam 17: Environmental Law

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Question 1

Multiple Choice

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The Social Security Administration hires Thorough Paving, Inc., to repave a parking lot. 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.

E) B) and C)
F) A) and D)

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Question 2

Multiple Choice

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Land Development Company wants to grade certain marshy land to build Meadow Marsh, a residential subdivision. The Clean Water Act covers waters with a continuous surface connection to bodies of water

A) permanent or intermittent flowing water only.
B) permanent or intermittent standing or flowing water.
C) permanent or intermittent standing water only.
D) permanent, standing or flowing water only.

E) B) and C)
F) A) and B)

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Question 3

True/False

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An injured party's common-law suit against a polluter may be dismissed for lack of standing.

Any oil facility that discharges oil into navigable waters is liable for the clean-up costs plus damages.

If an agency decides that an environmental impact statement is not necessary, it must announce that decision and explain the reasons.

The Environmental Protection Agency (EPA) has the authority to regulate "any air pollutant." In issuing standards for the discharge of soot and other pollutants, the EPA

Corporate officers may be subject to criminal penalties for violations of the Clean Air Act.

At common law, an injured party can obtain only damages for harm caused by pollution.

Arkansas enacts pesticide-labeling requirements that are different from, and add to, federal pesticide law. BugOut Corporation, a pesticide maker, files a suit against the state to block the new rules. Under the holding in Case 21.3, Bates v. Dow Agrosciences, LLC, a court is most likely to rule that

A private citizen can enforce a federal environmental law if he or she has standing.

City, county, and local governments oversee certain aspects of the environment.

The primary responsibility for implementing air-quality standards for stationary sources rests with state and local governments.

Violators of emission standards under the Clean Air Act may be subject to criminal penalties.

A polluter is liable for an injury due to an ultrahazardous activity only if the polluter failed to exercise reasonable care.

Violators of emission standards under the Clean Air Act may be subject to civil penalties.

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

Fruitful Garden Company makes and sells pesticides. For the pesticides to remain on the market, the acceptable level of risk to people of developing cancer from exposure to the products is

Fact Pattern 17-1 Rock Mining Company operates a gravel pit next to Sid's residence. Sid files a suit against Rock, alleging that the pit is a nuisance and unreasonably interferes with Sid's enjoyment of his property. -Refer to Fact Pattern 17-1. The court is most likely to award Sid damages

Federal statutes provide the basis for issuing regulations to control air pollution emanating from mobile sources only.

Navigable waters do not include wetlands.