Question 1

The EPA is a cabinet-level department

Accepted Answer

A) True 
 B)False

Question 2

William is the CEO of ABC Company.William is concerned about hazardous waste that ABC generates.He decides to set up a subsidiary called Sub It Out and send all of the hazardous waste there.He plans,however,to have officials of ABC supervise and direct disposal operations at Sub It Out because he believes that some money can be made off of the waste product.William tells the board of directors that if things go bad with the subsidiary,then ABC Company can disavow any interest and stay out of trouble.Is William correct?

Accepted Answer

A)  William is correct so long as no director of ABC Company sits on the board of Sub It Out.
B)  William is correct so long as the subsidiary is correctly set up under applicable tax laws.
C)  William is correct so long as no director of ABC Company sits on the board of Sub It Out and so long as the subsidiary is correctly set up under applicable tax laws.
D)  William is incorrect,and ABC is likely to have direct liability for any violations of Sub It Out based on ABC's direction of the subsidiary.E) B) and C)
F) None of the above

Question 3

A nuisance lawsuit is not an effective way to deal with environmental issues because

Accepted Answer

A)  a separate lawsuit has to be filed in each case.
B)  such lawsuits could address only water pollution and air pollution,not other types of pollution.
C)  a lawsuit cannot prevent pollution,but only provide a remedy.
D)  Both because a separate lawsuit has to be filed in each case and because a lawsuit cannot prevent pollution,but only provide a remedyE) A) and B)
F) A) and C)

Question 4

Tina is the president of Bank X which holds a mortgage on a company found liable illegal disposal of hazardous waste.The company has stopped paying on its loan to Bank X.Tina would like to foreclose,but she does not want the bank to become liable under CERCLA as an owner.What should she do?

Accepted Answer

A)  Tina should do nothing because foreclosure would automatically result in the bank becoming liable under CERCLA for clean-up costs.
B)  Tina should go ahead and foreclose because so long as the bank did not participate in the management of the facility prior to foreclosure,the bank will not be considered liable under CERCLA for clean-up costs.
C)  Tina should immediately arrange for the bank to become involved in managing the facility because so long as the bank participated in the management of the facility prior to foreclosure,the bank will not be considered liable under CERCLA for clean-up costs.
D)  Tina might as well go ahead and foreclose because as a mortgage holder,the bank is already automatically liable under CERCLA for clean-up costs.E) C) and D)
F) A) and D)

Question 5

Fact pattern 16-1
Gretta is the CEO of a paper company built near a river used in interstate commerce although the state in which the company is located is land locked and not near the coast.Gretta determines that a significant amount of money needs to be spent to comply with the federal Clean Water Act.She is already in trouble with stockholders because of low profits and does not wish to spend extra money on pollution control.Therefore,she instructed employees to simply dump waste into the river.She was aware that she would be fired if the company received a heavy fine,but she decided to take the risk because she was in danger of being fired if profits did not come up anyway.Also,while Gretta believed that the Clean Air Act applied; Linda,a majority stockholder,told her that the Clean Water Act would not apply based upon the location of the plant.
-Refer to fact pattern 16-1.Is Linda correct in her argument that the Clean Water Act would not apply based upon the location of the plant?

Accepted Answer

A)  Yes,Linda is correct that the Clean Water Act would not apply because the state does not border the coast.
B)  Yes,Linda is correct that the Clean Water Act would not apply because a river would not be considered a navigable waterway.
C)  Yes,Linda is correct that the Clean Water Act would not apply because the state does not border the coast and also because a river would not be considered a navigable waterway.
D)  No,Linda is incorrect; the river would be considered a navigable waterway; it does not matter that the state is not on the coast; and the Clean Water Act would apply.E) A) and B)
F) B) and C)

Question 6

The Toxic Substances and Control Act applies only to chemical substances manufactured in the U.S.,not to imported chemicals.

Accepted Answer

A) True 
 B)False

Question 7

Environmental laws are administered by the

Accepted Answer

A)  Council on Environmental Quality
B)  Environmental Protection Agency
C)  National Environmental Policy Commission
D)  Resource Conservation and Recovery AgencyE) All of the above
F) A) and D)

Question 8

Under CERCLA potentially responsible parties include

Accepted Answer

A)  the owner or operator at the time of disposal of the hazardous substance.
B)  any person who arranged for treatment or disposal of hazardous substances at the facility.
C)  the present owner or operator of the facility.
D)  all of the responses are correct.E) All of the above
F) C) and D)

Question 9

A nuisance lawsuit cannot prevent pollution but may only provide a remedy after the fact.

Accepted Answer

A) True 
 B)False

Question 10

Which of the following laws governs the quality of drinking water served by public drinking-water systems?

Accepted Answer

A)  Clean Sip Act
B)  Chemical Control Act
C)  Safe Drinking Water Act
D)  None of the responses are correctE) B) and D)
F) B) and C)

Question 11

Under the Clean Air Act,if a nonattainment area fails to develop an adequate plan to attain the national standard,what penalties may be imposed?

Accepted Answer

A)  No penalties may be imposed by the federal government because only individual states may impose penalties.
B)  Limits on the use of federal highway funds.
C)  Limits on drinking-water hookups.
D)  Both limits on the use of federal highway funds and limits on drinking-water hookups.E) None of the above
F) A) and B)

Question 12

Environmental ________ is a systematic and ongoing process for determining whether property contains or emits hazardous substances and whether a company is in compliance with environmental laws

Accepted Answer

A)  awareness
B)  justice
C)  due diligence
D)  risk managementE) A) and C)
F) C) and D)

Question 13

A corporate officer can be held criminally liable under the Clean Water Act if he or she knowingly violated the act.

Accepted Answer

A) True 
 B)False

Question 14

Which of the following laws applies to pesticide products?

Accepted Answer

A)  Toxic Substances Control Act
B)  Federal Insecticide,Fungicide and Rodenticide Act
C)  Federal Rat Act
D)  Uniform Pesticide ActE) C) and D)
F) A) and B)

Question 15

Which of the following are pollutants for which the EPA has set standards?

Accepted Answer

A)  Sulfur dioxide
B)  Ozone
C)  Nitrogen dioxide
D)  All the responses are correctE) A) and B)
F) All of the above

Question 16

Define the term "navigable waters" as used in the Clean Water Act and set forth what the U.S.Supreme Court has said that the term includes and excludes.Why was the U.S.Supreme Court concerned with limiting the scope of the term "navigable waters"?

Accepted Answer

Navigable waters are defined as all "wat...

Question 17

Who are potentially responsible parties under CERCLA?

Accepted Answer

Potentially responsible parties include ...

Question 18

Which of the following statements does not describe the relationship between the EPA and an EPA approved State environmental program?

Accepted Answer

A)  The EPA does not delegate its federal authority to the state involved.
B)  The EPA provides oversight and retains its enforcement authority.
C)  The EPA does not implement the federal program in that state.
D)  The EPA may not revoke its authorization.E) B) and D)
F) All of the above

Question 19

The Clean Air Act does not require which of the following?

Accepted Answer

A)  That the EPA must establish national ambient air quality standards.
B)  That every state must meet their individual air quality standards.
C)  That air quality in areas that already meet national standards cannot deteriorate.
D)  That the EPA must preserve natural visibility in the wilderness areas.E) C) and D)
F) A) and B)

Question 20

Policy statements issued by the EPA have the force of law.

Accepted Answer

A) True 
 B)False

Exam 16: Environmental law

Which of the following laws governs the quality of drinking water served by public drinking-water systems?

Correct Answer
verified

The EPA is a cabinet-level department

Correct Answer
verified

Tina is the president of Bank X which holds a mortgage on a company found liable illegal disposal of hazardous waste.The company has stopped paying on its loan to Bank X.Tina would like to foreclose,but she does not want the bank to become liable under CERCLA as an owner.What should she do?

Correct Answer
verified

Which of the following are pollutants for which the EPA has set standards?

Correct Answer
verified

The Toxic Substances and Control Act applies only to chemical substances manufactured in the U.S.,not to imported chemicals.

Correct Answer
verified

A corporate officer can be held criminally liable under the Clean Water Act if he or she knowingly violated the act.

Correct Answer
verified

Correct Answer
verified

Environmental laws are administered by the

Correct Answer
verified

The Clean Air Act does not require which of the following?

Correct Answer
verified

Which of the following statements does not describe the relationship between the EPA and an EPA approved State environmental program?

Correct Answer
verified

Under the Clean Air Act,if a nonattainment area fails to develop an adequate plan to attain the national standard,what penalties may be imposed?

Correct Answer
verified

Define the term "navigable waters" as used in the Clean Water Act and set forth what the U.S.Supreme Court has said that the term includes and excludes.Why was the U.S.Supreme Court concerned with limiting the scope of the term "navigable waters"?

Correct Answer
verified
Navigable waters are defined as all "wat...
View Answer

Under CERCLA potentially responsible parties include

Correct Answer
verified

A nuisance lawsuit is not an effective way to deal with environmental issues because

Correct Answer
verified

A nuisance lawsuit cannot prevent pollution but may only provide a remedy after the fact.

Correct Answer
verified

Environmental ________ is a systematic and ongoing process for determining whether property contains or emits hazardous substances and whether a company is in compliance with environmental laws

Correct Answer
verified

Which of the following laws applies to pesticide products?

Correct Answer
verified

Correct Answer
verified

Policy statements issued by the EPA have the force of law.

Correct Answer
verified

Who are potentially responsible parties under CERCLA?

Correct Answer
verified
Potentially responsible parties include ...
View Answer

Exam 16: Environmental law

Which of the following laws governs the quality of drinking water served by public drinking-water systems?

Correct AnswerverifiedShow Answer

The EPA is a cabinet-level department

Correct AnswerverifiedShow Answer

Tina is the president of Bank X which holds a mortgage on a company found liable illegal disposal of hazardous waste.The company has stopped paying on its loan to Bank X.Tina would like to foreclose,but she does not want the bank to become liable under CERCLA as an owner.What should she do?

Correct AnswerverifiedShow Answer

Which of the following are pollutants for which the EPA has set standards?

Correct AnswerverifiedShow Answer

The Toxic Substances and Control Act applies only to chemical substances manufactured in the U.S.,not to imported chemicals.

Correct AnswerverifiedShow Answer

A corporate officer can be held criminally liable under the Clean Water Act if he or she knowingly violated the act.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Environmental laws are administered by the

Correct AnswerverifiedShow Answer

The Clean Air Act does not require which of the following?

Correct AnswerverifiedShow Answer

Which of the following statements does not describe the relationship between the EPA and an EPA approved State environmental program?

Correct AnswerverifiedShow Answer

Under the Clean Air Act,if a nonattainment area fails to develop an adequate plan to attain the national standard,what penalties may be imposed?

Correct AnswerverifiedShow Answer

Define the term "navigable waters" as used in the Clean Water Act and set forth what the U.S.Supreme Court has said that the term includes and excludes.Why was the U.S.Supreme Court concerned with limiting the scope of the term "navigable waters"?

Correct AnswerverifiedNavigable waters are defined as all "wat...View AnswerShow Answer

Under CERCLA potentially responsible parties include

Correct AnswerverifiedShow Answer

A nuisance lawsuit is not an effective way to deal with environmental issues because

Correct AnswerverifiedShow Answer

A nuisance lawsuit cannot prevent pollution but may only provide a remedy after the fact.

Correct AnswerverifiedShow Answer

Environmental ________ is a systematic and ongoing process for determining whether property contains or emits hazardous substances and whether a company is in compliance with environmental laws

Correct AnswerverifiedShow Answer

Which of the following laws applies to pesticide products?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Policy statements issued by the EPA have the force of law.

Correct AnswerverifiedShow Answer

Who are potentially responsible parties under CERCLA?

Correct AnswerverifiedPotentially responsible parties include ...View AnswerShow Answer

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
verified
Navigable waters are defined as all "wat...
View Answer

Correct Answer
verified

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Potentially responsible parties include ...
View Answer