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The Environmental Protection Agency is the primary federal agency regulating environmental law.

A) True
B) False

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Federal statutes and regulations do not cover stationary sources of air pollution.

A) True
B) False

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When a release of hazardous chemicals from a site occurs,potentially responsible parties can avoid liability through transfer of ownership.

A) True
B) False

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Fact Pattern 41-1 (Questions 6–7 apply) Rock Mining Company operates a gravel pit next to Sid’s residence. Sid files a suit against Rock, alleging that the pit is a nuisance and unreasonably inter¬feres with Sid’s enjoyment of his property. -Refer to Fact Pattern 41-1.The court is most likely to award Sid damages


A) if letting the pollution continue is equally as harmful as stopping it.
B) if letting the pollution continue is less harmful than stopping it.
C) if letting the pollution continue is more harmful than stopping it.
D) under no circumstances.

E) A) and D)
F) All of the above

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Only the Environmental Protection Agency can sue violators of emission limits under the Clean Air Act.

A) True
B) False

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All environmental law consists of statutes and regulations.

A) True
B) False

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Fact Pattern 41-1 (Questions 6–7 apply) Rock Mining Company operates a gravel pit next to Sid’s residence. Sid files a suit against Rock, alleging that the pit is a nuisance and unreasonably inter¬feres with Sid’s enjoyment of his property. -Refer to Fact Pattern 41-1.The court is most likely to award Sid an injunction


A) if letting the pollution continue is equally as harmful as stopping it.
B) if letting the pollution continue is less harmful than stopping it.
C) if letting the pollution continue is more harmful than stopping it.
D) under no circumstances.

E) B) and D)
F) C) and D)

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Only offshore oil facilities that discharge oil into navigable waters are liable for the clean-up costs.

A) True
B) False

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The Environmental Protection Agency periodically updates the pollution standards.

A) True
B) False

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State and local government projects require federal environmental impact statements.

A) True
B) False

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Arkansas enacts pesticide-labeling requirements that are different from federal pesticide law,but that do not permit anything that federal law prohibits.BugOut Corporation,a pesticide maker,files a suit against the state to block the new rules.The court is most likely to rule that


A) the federal law and state regulations are mutually compatible.
B) the federal law and state regulations cancel each other out.
C) the federal law preempts the state regulations.
D) the state regulations preempt the federal law.

E) A) and B)
F) C) and D)

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Ski Resorts,Inc.,wants to add a new run to its facility in a national park on federal land.For this action,an environmental impact statement is


A) prohibited.
B) required.
C) unnecessary.
D) voluntary.

E) A) and B)
F) All of the above

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B

Eminent Properties,Inc.,wants to fill its wetlands to build Fieldview Homes,a residential subdivision.The Clean Water Act prohibits the filling of wetlands unless


A) any displaced wildlife is accommodated elsewhere.
B) the Army Corps of Engineers issues a permit.
C) the local community obtains a benefit.
D) the party doing the filling realizes an economic profit.

E) C) and D)
F) All of the above

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An environmental impact statement is required for every major federal action that significantly affects the quality of the environment.

A) True
B) False

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The Environmental Protection Agency (EPA) has the authority to regulate "any air pollutant." Fresher Air Group,a private organization that supports cleaner air,can file a suit against the EPA to


A) compel the EPA to act only.
B) compel the EPA to act or prevent it from acting.
C) neither compel the EPA to act nor prevent it from acting.
D) prevent the EPA from acting only.

E) A) and B)
F) None of the above

Correct Answer

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State laws may restrict a business's discharge of chemicals into the air or water.

A) True
B) False

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Hydraulic Equipment Company makes its products without required pollution control technology,causing a discharge of oily waste into the nearby Idle Lake.This activity can result in


A) a criminal fine or imprisonment only.
B) a criminal fine,imprisonment,or an injunction only.
C) a criminal fine,imprisonment,an injunction,or damages.
D) an injunction only.

E) A) and C)
F) A) and B)

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C

Remote Disposal Company operates a hazardous waste storage facility.Concerned that there may be a release of chemicals from the site,Remote sells the property to Serene Developers,Inc.If there is a release,Remote is most likely


A) liable.
B) not liable because the site was sold before the release.
C) not liable because Remote was concerned about the release.
D) not liable because Remote no longer operates the facility.

E) A) and B)
F) A) and C)

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A

Dandy Disposal Center operates a recycling plant.Edwin and other Dandy neighbors file a suit,alleging injuries from the plant.To succeed,they must show that Dandy failed to use reasonable care if the suit is based on


A) a negligence theory.
B) a nuisance theory.
C) any legal theory.
D) a strict liability theory.

E) B) and C)
F) A) and D)

Correct Answer

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Rural Electric Company submits a bid to build a dam on federal land as part of a federal project.For this action,an environmental impact statement is most likely


A) prohibited.
B) required.
C) unnecessary.
D) voluntary.

E) A) and B)
F) A) and C)

Correct Answer

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