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Law and Policy Final

QuestionAnswer
Nuisance actions would be more ideal for controlling pollution if most nuisances were private rather than public nuisances True
The tragedy of the commons is commonly cited to justify the use of direct regulations to prevent pollution True
The Boomer case is most important in environmental law because it ensured that injunctions would remain the premiere method of preventing environmental harm. False
Direct regulation is the primary means we use to control pollution today, although other methods including market mechanisms and tort actions, supplement direct regulations. True
Business managers are not likely to engage in the most environmentally sound behavior because their primary concern is often with making short-run profits. True
When a court finds there to be a nuisance, it must always issue an injunction. False
Federal environmental legislation... is one of the newest areas of law, with most environmental laws having been passed after 1970
The fact that clean air is a public good means that... once it is produced nobody can be excluded from it and if the federal government doesn't mandate its production, then it is likely that it will not be produced
Tort law is an incomplete means of controlling pollution because... judges often grant only permanent damages rather than an injunction, which allows pollution to continue, public officials are reluctant to sue a company that provides jobs for a community, proof is difficult
Green taxes... are an indirect way to control pollution
Defendant's conduct was a nuisance in this court case... Albert vs. Meadowbrook Swimming Club
James' firewood business is loud during daylight hours and bright lights function during nighttime hours, if neighbor Donald were to sue for nuisance... He would win
In economics, an award of damages can be seen as a mechanism to... internalize an externality
When economists refer to environmental protection as a "public good" they mean... that the environment has value for everyone, and therefore tends not to be something willingly paid for by any single individual
The burden of proof in a civil case is a preponderance of the evidence, whereas the burden of proof in a criminal case is beyond a reasonable doubt. True
One of the most important constitutional rights is the right to a clean environment False
If a bill that has been passed by the House and Senate is not signed by the President, then it cannot become a law False
The President makes a law by signing treaties True
Bills that are passed by the US Congress then signed by the US President become Statues which can be found in the US Code True
Signing statements have been used to dilute or effect the enforcement of laws passed by Congress True
In a civil case, an individual who has been harmed by the defendant is seeking to have the defendant punished by a fine or imprisonment. False
The court has traditionally interpreted the Commerce Clause broadly, so that most environmental regulations are considered a valid exercise of Commerce Clause authority True
In general, a state may pass an environmental regulation that sets standards more stringent than those set by federal regulations. True
The appearance of unequal environmental protection... comes, to a large extent, from the fact that fines for violating environmental laws were historically lower, on average, in minority neighborhoods
The source of authority for most federal environmental laws is... the Commerce Clause
The Takings Clause... is part of the Fifth Amendment and prevents the government from taking private property for public use without just cause
Criminal law... is statutory law and places the burden of proof on the prosecutor
Because of the doctrine of federal supremacy... state statutes may impose standards that are stricter than federal laws unless the federal law is in an area where Congress wants there to be no state regulation
The Fourth Amendment... prohibits searches by government agency without the agency's first obtaining a warrant
In Lucas v. South Carolina, the Court held that a beach "set-back" requirement... was a proper use of the police power but constituted a regulatory takings
Charles loves his river in his yard, but Sally built a diversion of that river to water her wheat fields. Under the water law in Irwin v. Phillips... Sally would win
Under the Public Trust doctrine, as articulated in the National Audubon Society case... the government must consider the public interest in natural resources as it decides on the best way to use those resources
Samantha is required to create a buffer for a stream surrounded by her corn fields. If Samantha claims regulatory takings, requiring compensation, will she win under the Lucas precedent? No because she is not being deprived of 100 percent of economic use of the land.
Arbitration and mediation are two alternatives to litigation. True
In general, a state may pass an environmental regulation that sets standards more stringent than those set by federal regulations. True
Trial courts are courts of original jurisdiction in most cases. True
The attorney-client privilege is designed to encourage the client to tell the truth to his attorney. True
One of the common critcisms of the adversary system is that it unfairly benefits the wealthier party. True
Cases must initially be heard in courts of appellate jurisdiction. False
Federal judges are appointed, while most state judges are elected True
One of the most important Constitutional rights is the right to a clean environment. False
The court has traditionally interpreted the Commerce Clause broadly, so that most environmental regulations are considered a valid exercise of Commerce Clause authority. True
Strengths of using common law negligence in addressing pollution Allows the public to address an issue of public health that is not normally considered; allows for research of industry practices that may be detrimental to land and health
Weaknesses of using common law negligence in addressing pollution Can often result in settlement due to monetary imbalances between parties (putting a price on something that is priceless); creates dissent between members of small communities
Evolving interpretation of standing allows environmental advocates to sue government agencies and polluters how... 1. prove that they or members of their group were harmed in some way 2. prove actions by defendant are relevant to plaintiff's claim 3. Redressability-court can pursue action in the case
An EIS must be filed whenever a business wants to undertake a project that will significantly affect the environment False
When considering whether an EIS is triggered under NEPA, both direct effects and indirect effects that are reasonably foreseeable must be considered True
The only remedy under NEPA when an EIS is inadequate is to have the EIS rewritten True
The primary goal of NEPA was to reform federal agency decision making so that envirnmental concerns would be taken into account True
All proposed and final rules being promulgated by a regulatory agency must be published in the Federal Register True
Activities of administrative agencies include rulemaking, adjudication, providing information to the public, granting licenses, and conducting research True
The most common type of rulemaking by agencies is informal rulemaking True
You can have an administrative regulation declared void by the court by demonstrating that the agency's regulation was not the best available option False
The President controls administrative agencies by appointing those who head the agencies True
One of the ways Congress exerts control over administrative agencies is through their power to approve agency budgets True
Administrative agencies are said to have quasi-legislative powers because they have the authority to promulgate rules which have the force of law True
The CEQ...
An EIS contains... a statement of any adverse negative environmental impacts that cannot by avoided if the proposal is carried out and alternatives to the proposal including taking no actoin
The EIS must include a summary of the proposed action, alternative to the proposed action, environmental consequences of the proposed action
The EIS process can be assessed as... at minimum, the agency will have before it a statement of the potential environmental impacts of their proposed activities; without this they wouldn't have any of this type of material before them
Factors indicating an EIS must be filed include... the activity may have a significant effect on the environment
Exempted rulemaking... includes rulemaking that involves foreign policy, military secrets, and personnel rules as well as being exempted from public hearings
The court's standard of review will give the greatest deference to any agency's decision when... there is ambiguity in the statute creating a gap to be filled by the agency and the agency's interpretation is permissible or reasonable under the statute
The courts may declare an agency rule void if... the rule violates the Constitution and the rule was outside the scope of the authority of the agency
One does not look in the Federal Register to find statutes
Environmental advocacy groups use NEPA and courts how... NEPA-the use of EIS to make sure proper actions are taken Courts-used to further investigate the actions of the agency
Secondary air pollutants are materials that when released pose health risks in their unmodified forms False
The Acid Rain Control Program was the first major environmental program that is market-oriented True
By 1997, all of the NAAQSs had been met nationwide. False
The six primary air pollutants are carbon monoxide, hydrocarbons (VOCs) particulate matter, sulfur dioxide nitrogen oxides, and lead. True
NAAQSs are promulgated to prevent negative impacts on public welfare, including impacts on materials, plants, and animals False
Lead was added as a secondary pollutant in 1978. False
Acid rain can be defined as... rain with a pH level less than 5.
State implementation plans... are drawn up by the state, but must be approved by the federal EPA and may be modified by the administrator of the federal EPA
The CAA is primarily... an ambient-based statute
In the State of Mississippi v. EPA case, the federal EPA in the U.S.... was upheld as it sought to tighten the primary national ambient air quality standard for ozone, from .8 ppm to .75 ppm
What is technology forcing environmental policy? Policy that requires adherents to create new technology that will meet the standards of the policy, because older technology will not be able to comply with the requirements
According to the Union Electric v. EPA case, can the EPA reject SIPs? Why? Yes, due to technological and economical feasibility.
Section 108 of the CAA states... criteria list that may reasonably be anticipated to endanger public health or welfare
Section 109 of the CAA states... EPA sets NAAQSs to protect public health and welfare within a certain margin of safety
Section 110 of the CAA... provides implementation for emission reduction in which the EPA sets the overall standards while the States are responsible for coming up with the actions to meet the EPA standards
Enforcement of the NPDES of the Clean Water Act is limited because the only penalties that may be assessed under the Act are civil fines up to 10,000 per day violations. False
The primary source of pollution in streams today is industrial sources. False
Pollution from nonpoint sources is easier to control than pollution from point sources because it's difficult to convince point-sources to purchase and install expensive pollution control devices False
The goals of the FWPCA were to make all waters in the U.S. capable of sustaining fishing and swimming. True
Under appropriative rights, the right to use water is established by actual consumptive use of the water True
Under the NPDES, permits are determined by the type of pollutant, the type of discharger, and whether the source is existing or new. True
Groundwater is the source of domestic drinking water for only a tiny fraction of the population False
In Weheyhauser Co v Costle, the Court struck down EPA's effluent restrictions on paper mills because the Agency had not adequately considered the state of the receiving waters into which the mills' effluent would be discharged False
The Safe Drinking Water Act establishes drinking water standards that are applicable to... municipal water supply systems
Dischargers of conventional pollutants must meet... neither the most stringent or least stringent standards or BAT
When states are designated streams and lakes for uses, the waterways that must become the cleanest are those designated for... recreational use
The technology-based standard for toxic water pollutants is... B.A.T
Nonpoint source pollution... is a greater problem than point pollution in most states and is more difficult to regulate because its source is often difficult to precisely identify.
In International Paper v. Ouellette, the U.S. Supreme Court... Held that the Clean Water Act, and permits issued under it, did not preempt the application of state common-law nuisance principles.
One of the insights from our examination of cost-effectiveness in pollution control was...that some forms of pollution control... are less expensive per-amount-of-pollution-reduction than other forms of pollution control and when there's a choice, it may make sense to require or incentivize the less-expensive pollution control first.
Technology-based approach advantages 1. Easier to control or manipulate because it deals with pollution before it becomes part of a waterway 2. Can lead to new developments in available technology
Technology-based approach disadvantages 1. More expensive and difficult to develop new technology 2. Can be unfair to smaller industries whoa re required to meet stringent standards
Ambient-based approach advantages 1. focuses on improvement of public health 2. takes ecology into account more than technology-based approaches
Ambient-based approach disadvantages 1. reactive approach, dealing with clean up rather than prevention 2. difficult to create standards because it crosses political borders.
The most commonly used data to support regulation of toxic substances is the epidemiological study. False
Under TSCA, top priority is given to the testing of chemicals on the market when the Acts was passed; since the Act's passage, over 48,000 have been listed on the inventory of toxic substances and data is available for 90 percent of these chemicals False
Sec. 5 of TSCA require pre-manufacturing notice that includes chemical name, identity, by-products from manufacture and disposal, maximum quantity to be manufactured or imported in the first year, and all available test data related to the impact True
In determining whether or not a pesticide poses an "unreasonable risk" under FIFRA, the EPA may not take into account economic factors, but only environmental costs and benefits False
The strongest evidence of carcinogenicity comes from epidemiological studies True
Reasonable people should not worry about worst-case outcomes that have only very small probabilities of occuring False
One of the TCSA's proposed functions is to regulate the introduction of new chemicals into the market True
The FDA helps control pesticides by requiring the inspection of produce to make sure it does not contain excess levels of pesticide residue True
Less than 10 toxic substances have been banned under TSCA True
Within 45 days of receiving a pre-manufacturing notice.... The EPA may limit the amount to be produced, sold, processed; prohibit the sale or manufacture of the chemical; and require further testing and temporarily prohibiting manufacture and sale until the data is provided
In Dow Chemical v. Blum, the court found that the EPA... gave sufficient reasons for suspending 2,4,5T, even though the evidence about the chemical actually causing spontaneous abortions in Alsea, Oregon was not conclusive
Toxic substances regulated under TSCA... may cause harm at extremely low dosages and that harm may not arise over a long period of time
Policies of TSCA include... government authority to prevent unreasonable risks of harm to human health and the environment; government must exercise authority in such a manner as to not stifle the development of technology
Under FIFRA... a pesticide which may cause harm to humans when inhaled may be registered as a restricted use pesticide, but its use may be limited to certified applicators
The criteria for the EPA's granting conditional registration for a pesticide includes... application by certified applicators and similar active ingredients to a registered pesticide.
EPA Risk Assessment: Hazard Identification Comparing the chemical to other toxics to see if there are structural similarities
EPA Risk Assessment: Dose-response assessment Bioassays and human testing (toxicology and epidemiology). Animal testing is done in much higher concentrations though and human testing is unethical
EPA Risk Assessment: Exposure Assessment Groups are identified that may fare higher risks due to exposure. Exposure may be short-term with high concentration or long-term with low concentration
EPA Risk Assessment: Risk Characterization Risks are put into numerical representation
Companies that have large quantities of hazardous materials in their facilities must report to the EPA the amount, but the public cannot have access to those reports unless they have a subpeona False
Remedial actions are generally much less expensive and time consuming than removal actions False
Initially, tax revenues from petroleum and chemical industries helped to fund the Superfund, but the tax has now expired, and it is now funded through general tax dollars True
For either remedial or removal actions, a site must be listed on the NPL False
Since its creation, the Superfund has been able to completely replenish its funds through lawsuits against PRPs False
The Superfund was eliminated because it was replaced by RCRA False
Who is liable under CERCLA in this situation: A tells B to dispose of hazardous material on C's land. B does so A, B, and C, are probably all liable
The EPA's 1989 national strategy for municipal solid waste management included these goals: increase recycling and source reduction; ban construction of new landfills by 2000, and improve the safety of solid waste management facilities
The RCRA regulates... hazardous wastes, non-hazardous wastes, and municipal waste
A hazardous waste landfill must... have a double liner along the bottom and sides, a leachate collection system above and between the liners, and a comprehensive groundwater monitoring system
Closing a landfill requires that... Financial resources remain available, capping the top of the landfill with another liner to prevent infiltration of the landfill by water, and continued groundwater monitoring
This group is not a PRP... someone who had produced the precursor materials used by a generator
In New York v. Shore Reality, the court held that the current owner of property on which there are hazardous substances... is liable for their clean up
After the copper mining in the Tennessee Copper case was finished... the site continued to present environmental risks over the next century
A dumps hazardous substances onto her property then sells the land to B, under CERCLA... A and B are both liable for clean up
Because of their monopolistic tendencies, states are reluctant to deregulate the utility industry True
Tighter sulfur dioxide emission standards have increased coal production in the Wester US True
The US has a central site for storing and disposing of nuclear waste False
The Kyoto Protocol never became a binding international law in the countries that signed on to it because the US withdrawal False
In Coalition for Responsible Regulation v. EPA, the Court of Appeals held that EPA was reasonable for concluding GHG could endanger public health or welfare and that EPA was reasonable for adopting tailpipe emission standards True
Indiana Michigan Power's 20 Year Energy Plan includes increasing the proportion of total energy derived from wind to 25 percent False
Which president is considered to be the first who worked toward a comprehensive national energy policy? Nixon
The Oil Pollution Act of 1990 prohibits oil tankers that do not have double hulls from sailing in U.S. waters
What are 3 problems associated with nuclear energy? prematurely deteriorating pipes, under-trained plant workers to deal with equipment malfunction, no permanent place for disposal
The 2013 Panel on Climate Change reported that global climate change is... unequivocal and it is extremely likely that it is due to human activity
Building taller levees to hold back storm surges along ocean coastlines is what type of global climate change (mitigation or adaptation) Adaptation
In a cap-and-trade program... a company that does not reach its cap can sell credits to companies that exceed caps
States adopting different crop technique in response to climate change is which type of climate change (mitigation or adaptation) adaptation
The UNFCCC (UN Framework Convention on Climate Change)... is the primary legal vehicle through which international efforts to control GHG have been focused
In Massachusetts v. EPA, the US Supreme Court... held that GHG are air pollutants within the meaning of the federal CAA and that, if EPA finds them to endanger public health and welfare, they could be regulated under the CAA
In Sweet Home v. Babbitt, the court decided not to uphold regulations defining take to include significant habitat modification False
The early attitude of government regulators towards public lands was to "sell and develop" them True
Under the ESA, a federal agency need only consider the effect of its actions on endangered species False
For terrestrial species, the ESA is primarily administered through the US FIsh and Wildlife Service (FWS) True
Critical habitat can be designated on private lands, even when those lands do not host activities that require federal permits, funding, and approval False
A 1978 amendment to the ESA created the God Squad True
When a land is designated wilderness... the agency administering the land must preserve its wilderness character and the area must be devoted to public purposes such as recreation and education
Name three key criteria for listing a species as endangered 1. present or threatened destruction, modification, of its habitat or range 2. overutilization for commercial, recreational, scientific, or eductional purposes 3. disease or predation
Section 9 of the ESA... Defines taking of an endangered species as "cause-in-fact" and reasonably foreseeable
Why can relatively strong environmental laws be enacted by legistlatures, even though these laws can impose significant compliance costs on industry? Environmental laws are often enacted during "republican movements" when special-interest influence is overwhelmed by public interest/anger
Created by: mattyt1016
 

 



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