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Exam 46: Environmental Law

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Question 21

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Which of the following was the result at the U.S. Supreme Court in Bates v. Dow Agrosciences, LLC, the case in the text in which the Dow filed a declaratory judgment seeking a determination that farmers' claims against it involving a pesticide that allegedly failed to perform as claimed and damaged peanut crops were preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) ?

A) The Court found that petitioners' claims alleging defective design were essentially a "disguised" failure-to-warn claim and therefore preempted.
B) The Court found that federal law preempted all the plaintiffs' claims because they essentially requested that the defendant alter its product label.
C) The Court ruled that FIFRA does not preclude states from providing a remedy to those injured as a result of a manufacturer's violation of FIFRA's labeling requirements.
D) The Court ruled that while an attempt to require that the defendant change its label was allowed under FIFRA, a claim for monetary damages was preempted.
E) The Court ruled that while the plaintiffs could proceed with claims of fraud, all other claims were preempted.

F) A) and C)
G) B) and D)

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Question 22

Multiple Choice

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Which of the following focuses on handling waste from creation through disposal?

A) The Resource Conservation and Recovery Act
B) The Comprehensive Environmental Response, Compensation and Liability Act
C) The Federal Hazardous Waste Act
D) The Hazardous Waste Disposal Act
E) The Authorized Disposal Waste Act

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

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Question 23

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Which of the following treaties has attempted to find a way to limit the emissions of greenhouse gases?

The United States has not signed the Kyoto Agreement.

Which of the following was the result on appeal in Brodsky v. United States Nuclear Regulatory Commission, the case in the text in which the plaintiff claimed that the Nuclear Regulatory Commission erred in not producing an environmental impact statement?

Which of the following, if any, references regulations passed primarily on health considerations with the assumption that once standards have been established, industries will be forced to develop the technology to meet the standards?

"Air Improvement." Paula is very annoyed because a business near her neighborhood has an incinerator that releases pollutants. She discussed the matter with her local city council representative, Bruno, who told her that only the federal government can enforce laws involving pollutants; that the government has done so through the establishment of National Ambient Air Quality Standards; and that there is nothing she as an individual can do. Paula tells the council representative that she considers the emissions criminal. Bruno just shrugs and replies that industry is never subject to criminal penalties under the Clean Air Act and that only the government can enforce the Clean Air Act anyway. -Is Bruno correct that only the federal government can enforce the Clean Air Act?

Which of the following is an item an Environmental Impact Statement should contain?

Which of the following is a federal law whose purpose is to protect and improve the quality of the air through the National Ambient Air Quality Standards, mobile-source performance standards, and new-source performance standards?

Which of the following identifies states that did not meet National Ambient Air Quality Standards?

The action of the government in cleaning up the farm could best be described as a ______ action.

"Smelly Lake." Barney, who lives on a navigable lake, is unhappy because he believes that a local company is dumping pollutants into the lake resulting in harm to his property and horrible odors. No one swims in the lake anymore. He calls a company official, Warren, who tells him to mind his own business. Warren tells him that the state has no authority, that federal investigators do not have time for Barney's small smelly lake, that swimming is not a concern of the government, and that any federal penalties are negligible. Barney tells Warren that he is pushing for big penalties and that Warren is likely to end up in jail. Warren just laughs. -Assuming that Warren's company is engaged in pollution, which of the following identifies the source?

Pollution has not always been seen as a problem in the U.S.

When must an environmental impact statement be filed under the National Environmental Policy Act?

"Not So Slick Trucker." Slick had a trucking business and advertised that he would transport "anything." One day Sleazy Corporation asked him to transport some hazardous waste and dump it on a farm telling him that, by the way, he should be careful about touching any of the waste. A friend of Slick's asked him if he should check to see if Sleazy Corporation had the proper permits. Slick replied that he was unconcerned about permits for dumping because he was a mere transporter. A few years later, federal investigators operating on a tip from someone Slick had cheated in a poker game, discovered the farm. The material at issue consisted of a pile of hazardous waste dumped by Slick. The waste was removed; soil was cleaned; and the action, resulting in a permanent solution, was complete within 6 months. The government requested that Slick cover the clean-up costs. He refused on the basis that he was simply a trucker and did not make the waste. -The fund, funded primarily by taxes on corporations in industries that create significant amounts of hazardous waste, and used to handle clean-up of hazardous waste such as that on the farm is called the ____.

"Air Improvement." Paula is very annoyed because a business near her neighborhood has an incinerator that releases pollutants. She discussed the matter with her local city council representative, Bruno, who told her that only the federal government can enforce laws involving pollutants; that the government has done so through the establishment of National Ambient Air Quality Standards; and that there is nothing she as an individual can do. Paula tells the council representative that she considers the emissions criminal. Bruno just shrugs and replies that industry is never subject to criminal penalties under the Clean Air Act and that only the government can enforce the Clean Air Act anyway. -Would there be any action under common law that would likely provide an avenue of some relief for Paula?

Which of the following was passed to (1) clean up existing hazardous sites and (2) respond to hazardous material spills?

"Air Improvement." Paula is very annoyed because a business near her neighborhood has an incinerator that releases pollutants. She discussed the matter with her local city council representative, Bruno, who told her that only the federal government can enforce laws involving pollutants; that the government has done so through the establishment of National Ambient Air Quality Standards; and that there is nothing she as an individual can do. Paula tells the council representative that she considers the emissions criminal. Bruno just shrugs and replies that industry is never subject to criminal penalties under the Clean Air Act and that only the government can enforce the Clean Air Act anyway. -Is Bruno correct that there are no criminal penalties under the Clean Air Act?

A state implementation plan established following the establishment of National Ambient Air Quality Standards must address the means by which the state is going to ensure that the pollutants in the air within its boundaries will meet the primary National Ambient Air Quality Standards within ______ of their establishment.

Which of the following is false regarding the management of nonhazardous solid waste?