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Exam 21: Environmental Law

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Question 21

True/False

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The Environmental Protection Agency can regulate a toxic substance that poses an imminent hazard but cannot prohibit its use altogether.

A) True
B) False

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Question 22

Multiple Choice

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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.

E) All of the above
F) B) and C)

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Question 23

Multiple Choice

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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

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

Only the federal government may restrict emissions from motor vehicles.

Fried Food, Inc., operates a commercial frying plant, discharging pol-lut-ants into the air.Greg reports the violations to the Environmental Protection Agency.Greg

Those who knowingly violate the Clean Air Act may be subject to criminal liability.

The Environmental Protection Agency has concluded that greenhouse gases, including carbon dioxide emissions, do not constitute a public danger.

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

Injured individuals can rely on the common law to obtain damages and injunctions against business polluters.

There are no defenses to liability under the Comprehensive Environmental Response, Compensation, and Liability Act.

New sources of water pollutants must install pollution-control equipment before beginning operations.

National Pollutant Discharge Elimination System permits can be issued even if a discharge will violate water-quality standards.

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 ef-fects from the operations.Neal and others file a suit against Metal Smelting.Why might the court rule in favor of the defendant?

The Environmental Protection Agency periodically updates the air pollution standards.

State laws may regulate a business's disposal of toxic wastes.

Federal law provides the basis for issuing regulations to control multistate air pollution.

The Environmental Protection lists all hazardous air pollutants (HAPs) on a prioritized schedule.

Different standards for air quality apply to existing sources of pollution and major new sources.

An environmental impact statement is required for every major federal action that significantly affects the quality of the environment.