Mann_BLRB 9_TB_Ch46

Business Law and the Regulation of Business

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Chapter 46—Environmental Law TRUE/FALSE 1. The term "nuisance" in the law may mean two distinct types of wrongful actions: one a private nuis- ance, the other a public nuisance. ANS: T MSC: AACSB Analytic 2. Only the federal government has enacted statutes to promote environmental concerns and prevent en- vironmental damage. ANS: F MSC: AACSB Analytic 3. Private tort actions may not be used to recover for environmental damage. ANS: F MSC: AACSB Analytic 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 MSC: AACSB Analytic 5. For an activity to be treated as a public nuisance there must be some interference with the health, safety, or comfort of the public. ANS: T MSC: AACSB Analytic 6. Agricultural and urban runoff are examples of point source pollution, which is inherently more diffi- cult to control than nonpoint source pollution. ANS: F MSC: AACSB Analytic 7. Generally, only a public representative, such as the attorney general, may sue to stop a public nuisance. ANS: T MSC: AACSB Analytic 8. A lightning strike causes an explosion at Johnson's Oil refinery, which was located close to Maintown. Fumes from the resulting fires at the plant have sent the nearby townspeople to the hospital for severe respiratory distress. Johnson's Oil will be liable for the townspeople's injuries directly resulting from the fumes. ANS: T MSC: AACSB Analytic 9. Private tort actions have been quite successful in controlling environmental damage. ANS: F MSC: AACSB Analytic 10. An environmental impact statement is required by NEPA if federal legislation or action will have a significant environmental effect. ANS: T MSC: AACSB Analytic
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11. The Council on Environmental Quality is a separate administrative agency that advises the president on environmental issues. ANS: F MSC: AACSB Analytic 12. NEPA is a federal act that focuses on particular environmental hazards without stating national envir- onmental policy. ANS: F MSC: AACSB Analytic 13. The CEQ requires that federal agencies make environmental assessments that are major, lengthy stud- ies of potential environmental destruction. ANS: F MSC: AACSB Analytic 14. The United States Congress overwhelmingly ratified the Kyoto Protocol relating to multi-national re- duction of greenhouse gases. ANS: F MSC: AACSB Analytic 15. To establish trespass to land, a plaintiff must show interference with the right of exclusive possession of the property. ANS: T MSC: AACSB Analytic 16. A federal agency is required to consider only all reasonable alternatives in an EIS. ANS: T MSC: AACSB Analytic 17. The states initially had primary responsibility for controlling air pollution. ANS: T
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Mann_BLRB 9_TB_Ch46 - Chapter 46-Environmental Law...

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