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Exam 27: Environmental Law

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Question 1

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Sam, the chief executive officer of Boch Industries, was prosecuted for violating the Resource Conservation and Recovery Act. Which of the following is correct concerning the penalties?

A) Sam cannot be criminally prosecuted for violating this statute.
B) Sam faces criminal fines as well as imprisonment.
C) Sam faces only criminal fines.
D) The only penalty Sam faces is an injunction to prevent further violations.

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Question 2

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Trent was the production manager at HGB, Inc. Under his supervision, HGB filled in an area of wetlands on the company's property without a permit. Has Trent violated the law? What penalties might he face?

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Trent has violated the law. Those who vi...

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Question 3

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What administrative agency regulates pesticides, insecticides, fungicides, and rodenticides?

Local regulation is more effective than state or federal regulation in controlling air pollution.

The EPA will allow individual states' air pollution level to rise as long as it still meets the EPA's existing national standards.

What was at issue in the Michigan v. EPA case? ​

Armand Industries is producing a foul-smelling odor as a by-product of its factory's operations. However, the emission is not harmful to the health of those exposed to it. Armand would be subject to a primary national ambient air quality standard established by the EPA.

Which of the following is a point source of water pollution?

An Environmental Impact Statement must be prepared for every major federal action that significantly affects the quality of the environment.

Which law requires the EPA to set national standards for substances if they are potentially harmful to human health?

Coastal City Power Plant received its annual sulfur dioxide emission allowance. Because it is using a low-sulfur fuel which burns cleaner than some fuels, it does not need its entire allowance this year. In this instance, Coastal City Power

When must an environmental impact statement be prepared and what must it discuss?

A Japanese company operates a ship called the Kinia. If the Kinia sails in U.S. waters, it must comply with design standards set by the Oil Pollution Act of 1990.

Fresh Air, a nonprofit environmental organization, believes that Cincy Co. is violating the Clean Air Act. The EPA has not taken any action against Cincy Co. In this instance, Fresh Air

A person who violates the Clean Water Act can face possible imprisonment in addition to other penalties.

James purchased an abandoned lot. When he started to develop the land, he discovered several underground storage tanks containing hazardous waste buried on the site. He claims the seller, Richard, is liable to him for the cost of removing the tanks. Richard claims he owned the lot for 20 years and never knew of the underground tanks. Richard argues he purchased the land from Thomas and that Thomas or his heirs are liable for the cost of removing the underground tanks. Explain whether Richard is liable to James. Does Thomas or do his heirs have any liability to James or Richard?

The disposal of nonhazardous solid waste has generally been left to the states.

The cost-benefit trade-off is particularly complex in environmental issues because those who pay the cost often are not the ones who receive the benefit.

Discuss the major provisions of the Clean Air Act.

Chemicals are so common in consumer products that babies are now born with hundreds of chemicals in their blood.