Business Law Chapter 19 Flashcards
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Questions and Answers

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:

  • Fixing responsibility on the previous owner of the land
  • Suing the land seller for the hazardous wastes left by the seller
  • Pleading ignorance to the knowledge of the act
  • Proving the use of due diligence in checking the land for toxic hazards (correct)
  • Informing the government of any hazardous wastes in the land

    • If a bank assumes ownership of a piece of contaminated land:

  • The bank can re-sell the property without any liability for cleanup
  • The previous owner will be solely responsible for the cleanup
  • The bank is withheld from selling the land due to its contaminated status
  • The bank becomes a responsible party (correct)
  • The future owner will be solely responsible for the cleanup upon its sale to the future owner

    • Which of the following statements is true of private citizens?

    <p>They can sue public agencies, like the Environmental Protection Agency (EPA), to force the adoption of regulations</p> 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.

    <p>Public nuisance</p> Signup and view all the answers

    Which of the following statements is true of tort laws?

    <p>The tort of strict liability is used in cases which involves storage and use of explosives</p> 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.

    <p>Reasonable care</p> 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.

    <p>Private nuisance</p> 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.

    <p>Trespass</p> 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:

    <p>Trespass</p> 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.

    <p>Negligence</p> Signup and view all the answers

    High carbon dioxide levels which lead to warmer global temperatures create the:

    <p>Greenhouse effect</p> Signup and view all the answers

    Environmental laws at the federal level are administered by the

    <p>Environmental Protection Agency (EPA)</p> Signup and view all the answers

    Which of the following statements is true of an environmental impact statement (EIS)?

    <p>An EIS is to be included in every recommendation or report on proposals for legislation and other major federal actions significantly affecting the quality of the human environment.</p> Signup and view all the answers

    An environmental impact statement

    <p>must include available alternatives to the proposed action.</p> Signup and view all the answers

    Environmental impact statements became a requirement based on the

    <p>National Environmental Policy Act</p> Signup and view all the answers

    Which of the following statements is true of the National Environmental Policy Act?

    <p>It promotes the understanding of the ecological systems important to the United States.</p> Signup and view all the answers

    Environmental impact study scoping refers to

    <p>designating which environmental issues of a contemplated action are most significant.</p> 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

    <p>building of a fence between the United States and Mexico.</p> 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

    <p>secondary air quality standards.</p> Signup and view all the answers

    Which of the following statements is true of the Environmental Protection Agency (EPA)?

    <p>It coordinates public control of private action at the federal level.</p> Signup and view all the answers

    Which of the following statements is true of the Clean Air Act?

    <p>As per the act, the Environmental Protection Agency (EPA) sets national ambient air quality standards and the states devise implementation plans.</p> Signup and view all the answers

    Under the Clean Air Act, corporations can be fined up to ______ for knowingly endangering people with emissions.

    <p>$1 million</p> Signup and view all the answers

    For control purposes, the Clean Air Act amendments divide air pollution into the categories of ______ sources.

    <p>stationary and mobile</p> 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.

    <p>point source</p> Signup and view all the answers

    Under the ______, the pollution of the plant complex as a whole is the focus of regulation.

    <p>bubble concept</p> Signup and view all the answers

    Which of the following is a control device that stationary source polluters may utilize to achieve design standards?

    <p>scrubbers</p> Signup and view all the answers

    Under the 1990 Clean Air Act amendments, Congress specifically allows utility companies to

    <p>engage in emissions reduction banking and trading.</p> 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.

    <p>cap and trade</p> 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.

    <p>emissions reduction banking</p> 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.

    <p>cap and trade</p> 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.

    <p>smart permits</p> Signup and view all the answers

    The estimated time needed to acquire the necessary permits to build a coal-fired electric generating plant is _____.

    <p>five to ten years</p> Signup and view all the answers

    Thermal effluents consist of _____

    <p>heated water discharged into rivers and lakes</p> Signup and view all the answers

    Under the Clean Water Act, the first step in cleanup of industrial wastes requires polluters to install _____.

    <p>best practicable technology</p> 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?

    <p>the Marine Protection, Research, and Sanctuaries Act of 1972</p> Signup and view all the answers

    Which of the following statements is true of the Clean Water Act?

    <p>It applies to both navigable interstate and intrastate waterways.</p> Signup and view all the answers

    Which of the following statements is true of the Clean Water Act?

    <p>It sets goals and timetables to eliminate water pollution.</p> Signup and view all the answers

    For the Department of Interior, the Endangered Species Act is administered by the

    <p>Fish and Wildlife Services and the National Marine Fisheries Services.</p> Signup and view all the answers

    Which of the following statements is true of the Endangered Species Act (ESA)?

    <p>The act requires recovery plans for the species it protects.</p> Signup and view all the answers

    Under the Endangered Species Act, the right to declare a species as endangered rests with the

    <p>Secretary of the Interior.</p> Signup and view all the answers

    Which of the following statements is true of the Federal Insecticide, Fungicide, and Rodenticide Act?

    <p>It requires the registration and labeling of agricultural pesticides.</p> Signup and view all the answers

    Under the Solid Waste Disposal Act, the federal role in nontoxic waste management is to

    <p>promote research and provide technical and financial assistance to the states.</p> Signup and view all the answers

    Which of the following statements is true of the problem of solid wastes?

    <p>Half of all solid waste produced in U.S is agricultural waste.</p> Signup and view all the answers

    The primary federal effort in solid waste management is represented by the ______.

    <p>Solid Waste Disposal Act</p> Signup and view all the answers

    Opinion research indicates that the public's highest concern regarding regulation of industry is

    <p>control of toxic and hazardous chemicals.</p> Signup and view all the answers

    The primary purpose of the Toxic Substances Control Act is to

    <p>force an early evaluation of suspect chemicals before they become economically important.</p> Signup and view all the answers

    Which of the following statements is true of the Toxic Substances Control Act (TSCA)?

    <p>The law authorizes the Environmental Protection Agency (EPA) to require manufacturers to test their chemicals for possible harmful effects.</p> Signup and view all the answers

    Under the Resource Conservation and Recovery Act, a generator of wastes is obligated to

    <p>determine whether its wastes qualify as hazardous.</p> Signup and view all the answers

    Which of the following statements holds true for the manifest system of hazardous waste disposal?

    <p>It requires the generator to prepare a manifest document that designates a licensed facility for disposal purposes.</p> Signup and view all the answers

    Which of the following statements is true of the Resource Conservation and Recovery Act (RCRA)?

    <p>The RCRA moves the handling of toxic wastes away from burial on land to treatments that destroy or permanently detoxify wastes.</p> Signup and view all the answers

    Which of the following statements is true of the Comprehensive Environmental Response, Compensation, and Liability Act?

    <p>It imposes strict liability on those responsible for unauthorized discharges of hazardous wastes.</p> Signup and view all the answers

    Under the Superfund, the costs for restoring land to its previous condition is called ______.

    <p>remediation</p> 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.
    • 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.

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    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.

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