Chapter 46_SmithandRoberson14ed_tb

Chapter 46_SmithandRoberson14ed_tb - Chapter...

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Chapter 46—Environmental Law TRUE/FALSE 1. The common law has proven adequate to control environmental damage. ANS: F PTS: 1 2. The Clean Air Act requires the use of reformulated automotive fuels to reduce ozone pollution. ANS: T PTS: 1 3. Private tort actions may not be used to recover for environmental damage. ANS: F PTS: 1 4. In an action for damages in a nuisance suit, the plaintiff is required to prove that the defendant's con- duct is unreasonable. ANS: F PTS: 1 5. For an environmental effect to be treated as a public nuisance there must be some interference with the health, safety, or comfort of the public. ANS: T PTS: 1 6. Public nuisance actions are very commonly used against polluters. ANS: F PTS: 1 7. Trespass differs from private nuisance in that nuisance does not require an interference with a plaintiff's possession of the land. ANS: T PTS: 1 8. There has been an explosion at Johnson's Oil refinery because of a lightning strike. Fumes from the resulting fires at the plant have sent the nearby townspeople to the hospital for severe respiratory dis- tress. Johnson's Oil will be liable for the townspeople's injuries directly resulting from the fumes. ANS: T PTS: 1 9. Under the Superfund Recycling Act of 1999, recyclers may be liable to third parties, but not to the fed- eral or state governments. ANS: F PTS: 1 10. An environmental impact statement is required by NEPA if federal legislation or action will have a significant environmental effect. ANS: T PTS: 1 11. The Council on Environmental Quality is not a legislative agency.
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ANS: T PTS: 1 12. NEPA is a federal act that focuses on particular environmental hazards without stating national envir- onmental policy. ANS: F PTS: 1 13. The CERCLA or Superfund was enacted to provide authority for cleanup of abandoned or inactive hazardous waste sites. ANS: T PTS: 1 14. NEPA does not apply to the urban environment. ANS: F PTS: 1 15. Under NEPA, psychological health effects are considered to be environmental effects. ANS: T PTS: 1 16. A federal agency is required to consider only all reasonable alternatives in an EIS. ANS: T PTS: 1 17. The states initially had primary responsibility for controlling air pollution. ANS: T PTS: 1 18. The EPA may not impose civil fines. ANS: F PTS: 1 19. The 1990 Clean Air Act Amendments provide that EPA must establish new NAAQS for major pollut- ants every five years. ANS: T PTS: 1 20. A new NAAQS does not require each state to submit an SIP. ANS: F PTS: 1 21. The EPA may impose criminal fines and seek incarceration or imprisonment for persons who are con- victed of violations of some environmental laws. ANS: T PTS: 1 22. If an SIP is not complete, the EPA may treat it as a nullity in whole or in part.
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This note was uploaded on 09/28/2011 for the course ACTG 355 taught by Professor Helenroe during the Fall '10 term at Conception.

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Chapter 46_SmithandRoberson14ed_tb - Chapter...

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