Podcast
Questions and Answers
What is the definition of reclamation?
What is the definition of reclamation?
B
Under the Superfund law, a purchaser of land may escape the liability to clean up hazardous wastes by:
Under the Superfund law, a purchaser of land may escape the liability to clean up hazardous wastes by:
If a bank assumes ownership of a piece of contaminated land:
If a bank assumes ownership of a piece of contaminated land:
Which of the following statements is true of private citizens?
Which of the following statements is true of private citizens?
Signup and view all the answers
______ refers to an act that causes inconvenience or damage to the public in the exercise of rights common to everyone.
______ refers to an act that causes inconvenience or damage to the public in the exercise of rights common to everyone.
Signup and view all the answers
Which of the following statements is true of tort laws?
Which of the following statements is true of tort laws?
Signup and view all the answers
A factory's failure to use pollution-control equipment may be evidence of its failure to exercise ______ resulting in evidence of negligence.
A factory's failure to use pollution-control equipment may be evidence of its failure to exercise ______ resulting in evidence of negligence.
Signup and view all the answers
The common law of ______ is established when the use of one's land unreasonably interferes with the use or enjoyment of another's land.
The common law of ______ is established when the use of one's land unreasonably interferes with the use or enjoyment of another's land.
Signup and view all the answers
A defendant is liable for ______ if, without right, he or she intentionally enters land in possession of another or causes something to do so.
A defendant is liable for ______ if, without right, he or she intentionally enters land in possession of another or causes something to do so.
Signup and view all the answers
A company manufactures explosives that are used for the demolition of structures. These explosives are stored in its warehouse situated in a residential area. One day, the warehouse catches fire, resulting in an explosion which causes widespread damage to the lives and property of the people living in that area. The company is guilty of:
A company manufactures explosives that are used for the demolition of structures. These explosives are stored in its warehouse situated in a residential area. One day, the warehouse catches fire, resulting in an explosion which causes widespread damage to the lives and property of the people living in that area. The company is guilty of:
Signup and view all the answers
The basis for the ______ tort lies in the defendant's breach of his or her duty to use ordinary and reasonable care toward the plaintiff, which proximately (foreseeably) causes the plaintiff injury.
The basis for the ______ tort lies in the defendant's breach of his or her duty to use ordinary and reasonable care toward the plaintiff, which proximately (foreseeably) causes the plaintiff injury.
Signup and view all the answers
High carbon dioxide levels which lead to warmer global temperatures create the:
High carbon dioxide levels which lead to warmer global temperatures create the:
Signup and view all the answers
Environmental laws at the federal level are administered by the
Environmental laws at the federal level are administered by the
Signup and view all the answers
Which of the following statements is true of an environmental impact statement (EIS)?
Which of the following statements is true of an environmental impact statement (EIS)?
Signup and view all the answers
An environmental impact statement
An environmental impact statement
Signup and view all the answers
Environmental impact statements became a requirement based on the
Environmental impact statements became a requirement based on the
Signup and view all the answers
Which of the following statements is true of the National Environmental Policy Act?
Which of the following statements is true of the National Environmental Policy Act?
Signup and view all the answers
Environmental impact study scoping refers to
Environmental impact study scoping refers to
Signup and view all the answers
The director of Homeland Security has exercised authority to create an exception to the National Environmental Policy Act requirements to allow the
The director of Homeland Security has exercised authority to create an exception to the National Environmental Policy Act requirements to allow the
Signup and view all the answers
Clean air standards designed to protect against air pollution effects such as injury to property, vegetation, and climate are called
Clean air standards designed to protect against air pollution effects such as injury to property, vegetation, and climate are called
Signup and view all the answers
Which of the following statements is true of the Environmental Protection Agency (EPA)?
Which of the following statements is true of the Environmental Protection Agency (EPA)?
Signup and view all the answers
Which of the following statements is true of the Clean Air Act?
Which of the following statements is true of the Clean Air Act?
Signup and view all the answers
Under the Clean Air Act, corporations can be fined up to ______ for knowingly endangering people with emissions.
Under the Clean Air Act, corporations can be fined up to ______ for knowingly endangering people with emissions.
Signup and view all the answers
For control purposes, the Clean Air Act amendments divide air pollution into the categories of ______ sources.
For control purposes, the Clean Air Act amendments divide air pollution into the categories of ______ sources.
Signup and view all the answers
Traditionally, under the Environmental Protection Agency, the ______ is described as a specific site of pollution, such as a smokestack.
Traditionally, under the Environmental Protection Agency, the ______ is described as a specific site of pollution, such as a smokestack.
Signup and view all the answers
Under the ______, the pollution of the plant complex as a whole is the focus of regulation.
Under the ______, the pollution of the plant complex as a whole is the focus of regulation.
Signup and view all the answers
Which of the following is a control device that stationary source polluters may utilize to achieve design standards?
Which of the following is a control device that stationary source polluters may utilize to achieve design standards?
Signup and view all the answers
Under the 1990 Clean Air Act amendments, Congress specifically allows utility companies to
Under the 1990 Clean Air Act amendments, Congress specifically allows utility companies to
Signup and view all the answers
The ______ approach refers to pollution control system under which the right to discharge a certain pollutant would be auctioned off to the highest bidder.
The ______ approach refers to pollution control system under which the right to discharge a certain pollutant would be auctioned off to the highest bidder.
Signup and view all the answers
Under the ______ approach, businesses can cut pollution beyond what the law requires and keep these reductions for their own future use or to sell to other companies as emission offsets.
Under the ______ approach, businesses can cut pollution beyond what the law requires and keep these reductions for their own future use or to sell to other companies as emission offsets.
Signup and view all the answers
The ______ approach to pollution control refers to a situation where the government issues a limited number of pollution permits, and companies, which can reduce emissions, can sell the unused amount of a permit.
The ______ approach to pollution control refers to a situation where the government issues a limited number of pollution permits, and companies, which can reduce emissions, can sell the unused amount of a permit.
Signup and view all the answers
Under the ______ issued by the Environmental Protection Agency (EPA), polluters can engage in a family of alternative operating scenarios without the expensive delay of obtaining new permits per the previous EPA requirements.
Under the ______ issued by the Environmental Protection Agency (EPA), polluters can engage in a family of alternative operating scenarios without the expensive delay of obtaining new permits per the previous EPA requirements.
Signup and view all the answers
The estimated time needed to acquire the necessary permits to build a coal-fired electric generating plant is _____.
The estimated time needed to acquire the necessary permits to build a coal-fired electric generating plant is _____.
Signup and view all the answers
Thermal effluents consist of _____
Thermal effluents consist of _____
Signup and view all the answers
Under the Clean Water Act, the first step in cleanup of industrial wastes requires polluters to install _____.
Under the Clean Water Act, the first step in cleanup of industrial wastes requires polluters to install _____.
Signup and view all the answers
Which of the following acts administered by the Environmental Protection Agency requires a permit system for the discharge or dumping of various materials into the seas?
Which of the following acts administered by the Environmental Protection Agency requires a permit system for the discharge or dumping of various materials into the seas?
Signup and view all the answers
Which of the following statements is true of the Clean Water Act?
Which of the following statements is true of the Clean Water Act?
Signup and view all the answers
Which of the following statements is true of the Clean Water Act?
Which of the following statements is true of the Clean Water Act?
Signup and view all the answers
For the Department of Interior, the Endangered Species Act is administered by the
For the Department of Interior, the Endangered Species Act is administered by the
Signup and view all the answers
Which of the following statements is true of the Endangered Species Act (ESA)?
Which of the following statements is true of the Endangered Species Act (ESA)?
Signup and view all the answers
Under the Endangered Species Act, the right to declare a species as endangered rests with the
Under the Endangered Species Act, the right to declare a species as endangered rests with the
Signup and view all the answers
Which of the following statements is true of the Federal Insecticide, Fungicide, and Rodenticide Act?
Which of the following statements is true of the Federal Insecticide, Fungicide, and Rodenticide Act?
Signup and view all the answers
Under the Solid Waste Disposal Act, the federal role in nontoxic waste management is to
Under the Solid Waste Disposal Act, the federal role in nontoxic waste management is to
Signup and view all the answers
Which of the following statements is true of the problem of solid wastes?
Which of the following statements is true of the problem of solid wastes?
Signup and view all the answers
The primary federal effort in solid waste management is represented by the ______.
The primary federal effort in solid waste management is represented by the ______.
Signup and view all the answers
Opinion research indicates that the public's highest concern regarding regulation of industry is
Opinion research indicates that the public's highest concern regarding regulation of industry is
Signup and view all the answers
The primary purpose of the Toxic Substances Control Act is to
The primary purpose of the Toxic Substances Control Act is to
Signup and view all the answers
Which of the following statements is true of the Toxic Substances Control Act (TSCA)?
Which of the following statements is true of the Toxic Substances Control Act (TSCA)?
Signup and view all the answers
Under the Resource Conservation and Recovery Act, a generator of wastes is obligated to
Under the Resource Conservation and Recovery Act, a generator of wastes is obligated to
Signup and view all the answers
Which of the following statements holds true for the manifest system of hazardous waste disposal?
Which of the following statements holds true for the manifest system of hazardous waste disposal?
Signup and view all the answers
Which of the following statements is true of the Resource Conservation and Recovery Act (RCRA)?
Which of the following statements is true of the Resource Conservation and Recovery Act (RCRA)?
Signup and view all the answers
Which of the following statements is true of the Comprehensive Environmental Response, Compensation, and Liability Act?
Which of the following statements is true of the Comprehensive Environmental Response, Compensation, and Liability Act?
Signup and view all the answers
Under the Superfund, the costs for restoring land to its previous condition is called ______.
Under the Superfund, the costs for restoring land to its previous condition is called ______.
Signup and view all the answers
Study Notes
Environmental Law Overview
- At the federal level, environmental laws are administered by the Environmental Protection Agency (EPA).
- An Environmental Impact Statement (EIS) is required for federal proposals that significantly affect the human environment and must include available alternatives.
- The National Environmental Policy Act mandates EIS for major federal actions affecting the environment.
Environmental Impact Statements (EIS)
- EIS provides insight into the potential environmental consequences and alternatives of proposed actions.
- Scoping of an EIS designates which environmental issues are most significant to address.
Key Environmental Legislation
- The Clean Air Act's primary focus is on setting national air quality standards, with EPA managing implementation plans.
- Under the Clean Air Act, corporations can face fines up to $1 million for emissions endangering public health; limits are categorized as primary and secondary air quality standards.
- The Clean Water Act requires permits for discharging pollutants into navigable waters, covering both interstate and intrastate waterways.
Pollution Control and Quality Standards
- Thermal effluents relate to heated water discharged into bodies of water, a concern under the Clean Water Act.
- The Resource Conservation and Recovery Act mandates waste generators to determine if their wastes qualify as hazardous.
Endangered Species and Toxic Substances Control
- The Endangered Species Act, administered by the Fish and Wildlife Services, requires recovery plans for endangered species and allows the Secretary of the Interior to declare species as endangered.
- The Toxic Substances Control Act allows the EPA to assess and regulate chemical safety, focusing on early evaluations of suspect chemicals.
Liability and Cleanup Regulations
- The Comprehensive Environmental Response, Compensation, and Liability Act imposes strict liability for unauthorized hazardous discharges.
- Under Superfund law, remediation is required for land restoration to pre-contaminated conditions, and banks may become responsible parties if they assume ownership of contaminated land.
Private Citizen Involvement
- Private citizens can report environmental violations and sue public agencies to enforce regulations, but direct lawsuits against the government may be limited.
- Public nuisance refers to acts causing damage or inconvenience to the community, exemplifying the balance between individual rights and collective welfare.
Miscellaneous
- Emission rights can be traded under the cap-and-trade approach, allowing companies to sell unused pollution permits.
- The manifest system emphasizes the importance of record-keeping in hazardous waste disposal, ensuring generators prepare necessary disposal documentation.### Negligence and Strict Liability
- Negligence tort involves the plaintiff's responsibility to exercise reasonable care to prevent injury to themselves.
- The tort of strict liability does not require proof of the defendant's failure to exercise reasonable care.
- Public nuisance allows any private or public official to seek damages regardless of personal damages suffered.
- Strict liability applies in cases involving the use and storage of explosives, holding defendants responsible for damages without needing to prove negligence.
Key Legal Concepts
- Reasonable Care: In the context of negligence, reasonable care refers to the level of caution and concern an ordinary person would exercise in similar circumstances.
- Standard of Care: The degree of caution and concern that a reasonable person should exercise in their conduct towards others, central to proving negligence.
- Private Nuisance: Defined as the unreasonable interference with the use or enjoyment of another's land.
- Trespass: Occurs when an individual intentionally enters or causes something to enter land possessed by another without right.
- Public Nuisance: Involves actions that harm the general public's health, safety, or morals.
Environmental Impact
- High levels of carbon dioxide contribute to the greenhouse effect, which leads to an increase in global temperatures.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
Test your knowledge on environmental laws and regulations with this set of flashcards from Business Law Chapter 19. Each card challenges you with essential concepts and terminologies related to environmental law, ensuring a comprehensive understanding of the subject.
