ch 21 Common Law and Environmental Law Quiz

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Questions and Answers

What requirement was upheld by the Supreme Court regarding stormwater run-off from logging roads?

Logging operations are exempt from requiring NPDES permits. (correct)

Logging roads must be constructed to prevent water run-off.

Timber harvesters must obtain NPDES permits.

Stormwater run-off is classified as industrial discharge.

What is the main purpose of the Toxic Substances Control Act (TSCA)?

To restrict toxic chemicals immediately upon identification.

To require prior notification to the EPA for new chemical substances. (correct)

To establish immediate penalties for hazardous waste violations.

To monitor and regulate all chemical substances in agriculture.

Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), what type of parties can be held responsible for cleanup costs?

State government officials involved in site management.

Individuals who report the hazardous site.

Previous owners and waste generators, regardless of time. (correct)

Only the current property owners at the time of cleanup.

Which act requires pesticide registration with the EPA prior to sale?

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Signup and view all the answers

What does the Resource Conservation and Recovery Act (RCRA) empower the EPA to regulate?

Treatment, storage, and disposal of hazardous waste. Signup and view all the answers

What is required from builders before altering wetlands under the Clean Water Act (CWA)?

They need to obtain permits for any changes to wetlands. Signup and view all the answers

Who has primary responsibility for protecting endangered species and their habitats under the Endangered Species Act (ESA)?

U.S. Fish and Wildlife Service (FWS). Signup and view all the answers

What is a requirement of the manifest system under RCRA?

The producer must provide a detailed log for transporters. Signup and view all the answers

What is the primary focus of the Clean Water Act (CWA)?

Controlling the dumping of pollutants into navigable waters Signup and view all the answers

What does the term 'public nuisance' refer to in environmental law?

An unreasonable interference with a right held in common by the public Signup and view all the answers

In which area must owners install the lowest achievable emission rate (LAER) technology according to the Clean Air Act?

Nonattainment areas for air quality Signup and view all the answers

What is required of new industrial plants under the Clean Air Act in terms of permits?

Permits must align with the existing State Implementation Plan (SIP) Signup and view all the answers

What type of liability is associated with abnormally dangerous activities in environmental law?

Strict liability regardless of harm experienced Signup and view all the answers

What does the Best Available Control Technology (BACT) requirement entail?

Installation of technology to improve air quality in PSD areas Signup and view all the answers

Which of the following defines the concept of 'riparian law'?

Rights of landowners adjacent to bodies of water Signup and view all the answers

What role does the Environmental Protection Agency (EPA) play under the Clean Air Act?

Sets pollution standards and enforces compliance Signup and view all the answers

Study Notes

Common Law Beginnings

Private Nuisance: Unreasonable and substantial interference with another's land use and enjoyment.
Public Nuisance: Unreasonable interference with a public right.
Trespass: Unauthorized, substantial, and unreasonable physical breach of another's land boundaries.
Strict Liability for Abnormally Dangerous Activities: Businesses emitting toxic substances face strict liability.

Riparian Law

Water Use Rights: People along rivers and water bodies have rights to reasonable water use, maintaining downstream flow.

Clean Air Act (CAA)

Federal Control: Congress passed the CAA in 1970, establishing federal control over air pollution.
EPA Role: The EPA sets pollution standards and enforces them with state cooperation.
NAAQS: The EPA establishes National Ambient Air Quality Standards for key pollutants with health and welfare considerations.
State Implementation Plans (SIPs): States develop SIPs to meet NAAQS.
Permits and Technology: New/renovated industrial plants need permits, requiring best available control technology (BACT) in prevention of significant deterioration (PSD) areas and lowest achievable emission rate (LAER) technology in nonattainment areas.

Clean Water Act (CWA)

Passed in 1972: Makes it illegal to discharge pollutants into navigable waters without a permit.
State and EPA Cooperation: States set water quality standards approved by the EPA.
Pollution Control: Stricter control of conventional pollutants using best conventional technology (BCT), and unconventional/toxic pollutants using best available technology (BAT). Cost-effectiveness isn't the primary driver for BAT.
New Source Pollution: New sources are required to implement the highest level of pollution reduction possible.
Decker v. Northwest Environmental Defense Center (2013): Timber harvesting stormwater runoff not considered a "discharge associated with industrial activity," therefore not requiring NPDES permits.
Wetland Protection: CWA protects wetlands. Construction impacting wetlands usually needs permits, and potentially wetland restoration/purchase as compensation.

Land Pollution

EPA Oversight: Various statutes empower the EPA to regulate land pollution.
Toxic Substances Control Act (TSCA): Manufacturers/importers of new chemicals must provide 90-day notice to the EPA, which must assess health risks before restricting the chemical.
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA): Pesticides require EPA registration before sale, considering scientific, economic, and environmental impacts.
Resource Conservation and Recovery Act (RCRA): EPA regulates hazardous waste treatment, storage, and disposal (TSD) sites, requiring the manifest system (waste tracking).
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA): "Superfund" provides authority for EPA to cleanup abandoned hazardous waste sites. Cleanup costs can be significant.
Potentially Responsible Parties (PRPs): Current/prior owners, waste generators, transporters are strictly liable for cleanup costs.

Endangered Species Act (ESA)

USFWS Responsibility: The U.S. Fish and Wildlife Service (USFWS) identifies threatened/endangered species and protects their habitats.
Habitat Protection: Projects cannot destroy/modify habitats of endangered species.

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Description

Test your knowledge on Common Law principles including private and public nuisance, trespass, and strict liability. Additionally, explore concepts related to Riparian Law and the Clean Air Act with a focus on federal control, EPA roles, and pollution standards. This quiz will assess your understanding of legal frameworks governing land and environmental rights.