Private Nuisance Law Quiz

<p>Extent of harm, character of harm, social value, suitability to locality, and burden on the harmed. (B)</p> Signup and view all the answers

<p>The severity of harm versus the utility of the conduct. (A)</p> Signup and view all the answers

<p>Madison v. Ducktown Sulphur. (A)</p> Signup and view all the answers

<p>Mining operations with significant environmental impact. (D)</p> Signup and view all the answers

<p>The actor's personal motivations. (C)</p> Signup and view all the answers

<p>Prohibit the distribution in commerce. (D)</p> Signup and view all the answers

<p>To set a standard that allows no known adverse health effects. (B)</p> Signup and view all the answers

<p>The maximum contaminant level that is feasible after cost-benefit analysis. (C)</p> Signup and view all the answers

<p>A discernible and confined conveyance from which pollutants may be discharged. (B)</p> Signup and view all the answers

<p>Achieving fishable and swimmable waters by 1983. (A)</p> Signup and view all the answers

<p>Unreasonable interference with a right common to the general public (B)</p> Signup and view all the answers

<p>Section 302 (C)</p> Signup and view all the answers

<p>They must notify customers of violations. (A)</p> Signup and view all the answers

<p>Missouri v. Illinois (D)</p> Signup and view all the answers

<p>Non-risk factors cannot be considered. (B)</p> Signup and view all the answers

<p>An injury in fact (D)</p> Signup and view all the answers

<p>It displaces federal common-law rights to seek abatement of emissions. (C)</p> Signup and view all the answers

<p>To establish a Maximum Contaminant Level (MCL). (A)</p> Signup and view all the answers

<p>To identify waters not meeting quality standards and limit pollutant discharges. (A)</p> Signup and view all the answers

<p>Precautionary Principle (D)</p> Signup and view all the answers

<p>Discharges must comply with set effluent limitations. (D)</p> Signup and view all the answers

<p>The belief that the chemical may present an unreasonable risk (D)</p> Signup and view all the answers

<p>Massachusetts v. EPA (B)</p> Signup and view all the answers

<p>Lead is prohibited in all plumbing for public water systems. (B)</p> Signup and view all the answers

<p>The EPA must make an affirmative risk determination (D)</p> Signup and view all the answers

<p>American Water Works Association v. EPA (B)</p> Signup and view all the answers

<p>Standards must be reasonably necessary and appropriate (C)</p> Signup and view all the answers

<p>Regulations may not cover substances outside defined scopes. (B)</p> Signup and view all the answers

<p>States can adopt more stringent common law standards. (D)</p> Signup and view all the answers

<p>Whether the interference is reasonable or unreasonable (D)</p> Signup and view all the answers

<p>Defendants may still be liable even with contributions from others. (A)</p> Signup and view all the answers

<p>Section 5 of TSCA (D)</p> Signup and view all the answers

<p>There must be a concrete injury (A)</p> Signup and view all the answers

<p>EPA must develop criteria for determining what is hazardous waste. (D)</p> Signup and view all the answers

<p>To track shipments of hazardous waste from the point of generation. (B)</p> Signup and view all the answers

<p>Volatility (B)</p> Signup and view all the answers

<p>Wastes derived from treating a listed waste are hazardous. (A)</p> Signup and view all the answers

<p>Section 3005 (A)</p> Signup and view all the answers

<p>Use a manifest system for tracking waste shipments. (A)</p> Signup and view all the answers

<p>Any discarded material, regardless of state. (C)</p> Signup and view all the answers

<p>Production based exclusion (B)</p> Signup and view all the answers

<p>If it receives household waste and specific non-hazardous commercial waste. (C)</p> Signup and view all the answers

<p>American Mining Congress v. EPA (D)</p> Signup and view all the answers

<p>Follow the regulations set forth in Subpart C of 40 CFR part 261. (A)</p> Signup and view all the answers

<p>It is allowed unless EPA determines it poses risks. (C)</p> Signup and view all the answers

<p>A list of all waste types handled, including hazardous materials. (C)</p> Signup and view all the answers

<p>There is no practicable alternative that is less damaging to the aquatic environment. (C)</p> Signup and view all the answers

<p>Minimum standards for each industrial category using best available technology. (D)</p> Signup and view all the answers

<p>Effluent traveling through groundwater to navigable waters. (A)</p> Signup and view all the answers

<p>Water pollution from point sources discharging pollutants to U.S. waters. (D)</p> Signup and view all the answers

<p>Implementing appropriate and practicable steps to minimize adverse impacts. (B)</p> Signup and view all the answers

<p>Best available technology that is financially feasible. (B)</p> Signup and view all the answers

<p>United States v. Riverside Bayview Homes, Inc. (A)</p> Signup and view all the answers

<p>Lists of water segments that do not meet water quality standards because of toxic pollutants. (D)</p> Signup and view all the answers

<p>A form of dredged material that is not subject to regulation. (C)</p> Signup and view all the answers

<p>When waters cannot meet water quality standards under an NPDES permit. (D)</p> Signup and view all the answers

<p>Minimum standard for industrial categories under NPDES. (C)</p> Signup and view all the answers

<p>Intrastate waters are exempt from federal regulations. (B)</p> Signup and view all the answers

<p>When state water quality standards are no longer achievable. (C)</p> Signup and view all the answers

<p>It must have a continuous surface connection to permanent water bodies. (D)</p> Signup and view all the answers

<p>It may impose minimum stream flow requirements. (C)</p> Signup and view all the answers

<p>Species in danger of extinction throughout all or a significant portion of its range. (C)</p> Signup and view all the answers

<p>Ensure actions do not jeopardize endangered species. (C)</p> Signup and view all the answers

<p>The sale of endangered species. (B)</p> Signup and view all the answers

<p>The court determined that species protection took priority in legislative intent. (C)</p> Signup and view all the answers

<p>It must be deemed essential for conservation, even if unoccupied. (B)</p> Signup and view all the answers

<p>Prepare a biological assessment. (A)</p> Signup and view all the answers

<p>An alternative that avoids jeopardy must be suggested. (A)</p> Signup and view all the answers

<p>Significant habitat modification can be considered harm. (A)</p> Signup and view all the answers

<p>Best scientific data available is used. (C)</p> Signup and view all the answers

<p>Whenever they believe a species is endangered or threatened. (B)</p> Signup and view all the answers

<p>Every five years. (A)</p> Signup and view all the answers

<p>A species likely to become endangered in the foreseeable future. (C)</p> Signup and view all the answers

<p>Compliance with ESA procedural requirements. (B)</p> Signup and view all the answers

<p>Obtain EPA approval for their remediation plan (D)</p> Signup and view all the answers

<p>If PRPs have been declared insolvent or cannot be located (B)</p> Signup and view all the answers

<p>To identify air pollutants that may endanger public health or welfare (A)</p> Signup and view all the answers

<p>They must meet the lowest achievable emissions rate (LAER) (C)</p> Signup and view all the answers

<p>Economics of the disposal site (B)</p> Signup and view all the answers

<p>The amount of pollution increase permitted in attainment areas (D)</p> Signup and view all the answers

<p>Section 110 (C)</p> Signup and view all the answers

<p>Joint and several liability for response costs (D)</p> Signup and view all the answers

<p>The duration of their lease to the pesticide facility (D)</p> Signup and view all the answers

<p>New Source Performance Standards for major sources of pollution (C)</p> Signup and view all the answers

<p>The most recent scientific knowledge (C)</p> Signup and view all the answers

<p>States can adopt stricter standards than national standards (C)</p> Signup and view all the answers

<p>Section 165 (D)</p> Signup and view all the answers

<p>The issuance of a record of decision (ROD) (A)</p> Signup and view all the answers

<p>Consideration of alternative actions (B)</p> Signup and view all the answers

<p>Confirming environmental considerations are analyzed (C)</p> Signup and view all the answers

<p>EIS is only required for major proposals (D)</p> Signup and view all the answers

<p>Actions that automatically trigger other actions needing EIS (D)</p> Signup and view all the answers

<p>Before a decision, when options are maximized (D)</p> Signup and view all the answers

<p>Supplementation is not needed unless significant impacts are shown (C)</p> Signup and view all the answers

<p>Consequences occurring later or farther removed but foreseeable (A)</p> Signup and view all the answers

<p>Provide transparency in decision-making (A)</p> Signup and view all the answers

<p>Cumulative effects should be considered in a combined EIS (A)</p> Signup and view all the answers

<p>A facility with the potential to emit more than 100 tons per year of any air pollutant. (C)</p> Signup and view all the answers

<p>The alteration or change in operation of a source that increases air pollutant emissions. (C)</p> Signup and view all the answers

<p>Whitman v. American Trucking Ass’ns (C)</p> Signup and view all the answers

<p>To create marketable allowances for sulfur dioxide emissions. (B)</p> Signup and view all the answers

<p>A detailed statement of environmental impacts and alternatives. (C)</p> Signup and view all the answers

<p>Massachusetts v. EPA (B)</p> Signup and view all the answers

<p>It applies new permit requirements only to the largest sources of greenhouse gases. (B)</p> Signup and view all the answers

<p>Title III Section 304 (B)</p> Signup and view all the answers

<p>To maintain conditions for harmonious coexistence of man and nature. (A)</p> Signup and view all the answers

<p>The completion of an Environmental Assessment (EA). (D)</p> Signup and view all the answers

<p>100 tons per year. (D)</p> Signup and view all the answers

<p>Best Available Control Technology (D)</p> Signup and view all the answers

<p>Must outline how it will achieve NAAQS. (B)</p> Signup and view all the answers

<p>It will be treated as hazardous if it meets specific criteria. (B)</p> Signup and view all the answers

<p>Abatement of actual or potential hazardous releases. (A)</p> Signup and view all the answers

<p>Persons who arranged for disposal or treatment of hazardous substances. (D)</p> Signup and view all the answers

<p>Purchaser acted without all appropriate inquiry. (C)</p> Signup and view all the answers

<p>Liability exemptions are for those with minimal hazardous substance involvement. (D)</p> Signup and view all the answers

<p>To fund government response actions and reimburse private parties. (B)</p> Signup and view all the answers

<p>To determine the shares of liability among parties. (A)</p> Signup and view all the answers

<p>Any liable party can be held responsible for the entire cleanup cost. (A)</p> Signup and view all the answers

<p>New York v.Shore Realty Corp. (D)</p> Signup and view all the answers

<p>Private parties can recover costs if they incurred cleanup expenses. (A)</p> Signup and view all the answers

<p>Prompt settlements recognizing their minimal contributions. (C)</p> Signup and view all the answers

<p>Approaches for liability apportionment among parties. (C)</p> Signup and view all the answers

<p>Taking reasonable steps to prevent future releases. (C)</p> Signup and view all the answers

<p>To provide a framework for cleaning up hazardous waste sites. (D)</p> Signup and view all the answers

A non-trespassory invasion of someone's right to use and enjoy their land.

Act done with the purpose of causing harm, or with substantial certainty it'll result.

Nuisance not intentional, but still actionable under rules of negligence, recklessness, abnormally dangerous conditions/activities, or strict liability in such activities.

Harm caused by conduct is greater than the utility, or the harm is serious and financial compensation doesn't hinder the conduct.

Factors like harm's extent, and the law's view of the invaded use in the place.

Factors like social importance, local applicability and difficulty to prevent activity.

Comparing the gravity of harm to the utility, decide if harm is greater than what the injured party should bear.

Courts can order damages or injunctions to stop the nuisance, often using a balancing test.

An unreasonable interference with a right common to the general public, like public health or safety. It can involve conduct forbidden by law, or actions with long-lasting effects on the public.

Weighing the harm caused by the conduct against its utility to determine if the harm outweighs the benefit.

Illinois dumped sewage into the Mississippi River, causing pollution in Missouri. Missouri sued, but the court declined relief because Missouri also contributed to the pollution.

Tennessee Copper Company's noxious gas polluted Georgia. Georgia obtained an injunction, highlighting the special protection given to states in environmental cases.

States can set stricter environmental standards than federal law, even if federal law preempts some common law claims.

Power companies were sued for climate change caused by greenhouse gas emissions. The court ruled that the Clean Air Act preempted common law claims for climate change.

A plaintiff must have suffered a concrete injury caused by the defendant's action and a court decision could likely fix the injury.

Massachusetts sued EPA for not regulating greenhouse gases, claiming harm to its coastline due to climate change. The court found that Massachusetts had standing due to its unique interests.

OSHA sets standards for workplace safety. Regulations must be necessary to prevent significant health risks in the workplace.

Congress passes laws, the President delegates implementation to agencies. The agency then creates regulations following public notice and comment periods.

When a law aims to protect public health and scientific evidence is uncertain, strong proof of cause and effect isn't always needed. The greater the potential harm, the more likely precautions are taken.

EPA regulates chemicals to prevent unreasonable risk to health or the environment. TSCA applies to most chemicals, excluding pesticides.

EPA reviews the safety of existing chemicals and regulates them if necessary. They also require testing of chemicals with unknown effects.

EPA requires notification and risk determination before marketing new chemicals or making significant new uses of existing chemicals.

The EPA administrator can ban, restrict, or regulate the manufacturing, processing, distribution, or disposal of chemicals found to pose unreasonable risks to health or the environment.

The Lautenberg Act instructs the EPA to evaluate risks without considering costs or other non-risk factors when making decisions about chemical regulations.

The SDWA aims to ensure safe drinking water for the public by setting national standards for contaminants in public water systems.

MCLGs (Maximum Contaminant Level Goals) represent levels with no known health risks, while MCLs (Maximum Contaminant Levels) are enforceable standards set as close to MCLGs as feasible.

While MCLs are set as close to MCLGs as feasible, the EPA can consider costs and benefits when setting MCLs, allowing for exceptions if costs outweigh benefits.

EPA notifies states of violations of drinking water regulations and takes enforcement action if states fail to do so.

The Clean Water Act aims to restore and maintain the nation's waters to be fishable and swimmable, ultimately eliminating pollutant discharges.

Pollutants under the CWA include a wide range of substances, from dredged spoil and solid waste to sewage and garbage.

Navigable waters include all waters of the United States, including territorial seas, subject to CWA regulations.

A point source is any identifiable, confined, and discrete source from which pollutants are discharged, including pipes, ditches, or channels.

These limitations authorize the imposition of stricter effluent limits if necessary to prevent water quality degradation.

TMDLs (Total Maximum Daily Loads) represent the maximum amount of pollutants that can be discharged into a water body without violating water quality standards.

New source performance standards require new facilities to utilize the best demonstrated control technology to minimize pollution.

These standards require dischargers of toxic pollutants to meet stringent limits and require pretreatment to prevent interference with public treatment works.

The NPDES (National Pollutant Discharge Elimination System) program establishes a national permit system for discharges into navigable waters.

Waste that can cause harm to human health or the environment if not managed properly.

The part of the Resource Conservation and Recovery Act that specifically focuses on managing hazardous waste.

Wastes that are specifically identified as hazardous by the EPA.

Wastes that exhibit specific hazardous characteristics, like being flammable or corrosive.

A characteristic of hazardous waste that means it can easily catch fire.

A characteristic of hazardous waste that means it can corrode metals.

A characteristic of hazardous waste that means it can react violently.

A characteristic of hazardous waste that means it's poisonous.

A rule that says any mixture of a listed hazardous waste with other waste becomes hazardous.

A rule that says waste resulting from the treatment or disposal of a listed waste is also hazardous.

Recyclable materials are excluded from hazardous waste regulations if they are recycled under the generator's control.

Recyclable materials are excluded from hazardous waste regulations if they are recycled after transfer to a third party.

Includes garbage, sludge, and other discarded materials, whether solid, liquid, or gaseous.

Resource recovery facilities that burn only household waste and non-hazardous commercial/industrial waste are not regulated as hazardous waste facilities.

A permit issued by a state agency to ensure a project won't violate water quality standards. It can include conditions like minimum stream flow requirements.

A limit on the amount of pollutants (like nitrogen, phosphorus, and sediment) that can be released into a body of water. It considers both point and nonpoint sources.

A species at risk of extinction throughout all or a significant part of its range.

A species likely to become endangered in the near future throughout all or a significant part of its range.

Areas essential for the conservation of a species, even if the species doesn't live there currently.

The process by which the Secretary of the Interior determines if a species is endangered or threatened and designates critical habitat.

Requires federal agencies to ensure their actions don't harm endangered or threatened species or their critical habitat.

Prohibits harming, killing, capturing, or collecting endangered species, including significant habitat modification or degradation.

Allows for permits to 'take' endangered species if a habitat conservation plan is submitted.

This case established the ESA's priority is to protect endangered species, even if it means halting a project.

Land can be designated as critical habitat even if an endangered species doesn't live there currently.

Federal agencies must consult with the Fish and Wildlife Service about potential impacts on endangered species as part of the ESA process.

The ESA prohibits 'harm' to endangered species, which includes actions that significantly modify or degrade habitat.

Areas that may be designated as critical habitat even if an endangered species doesn't currently live there, but the area is deemed essential for the species' survival.

A permit required by the Clean Water Act for point sources discharging pollutants into waters of the United States. It sets limits on the types and amounts of pollutants allowed to be discharged.

Minimum standards set by the EPA for each industrial category to limit pollutants. These standards are based on the best available technology.

The minimum standard for each industrial category. It represents the best technology that is currently available and feasible to reduce pollution.

The technology standard for traditional pollutants, such as suspended solids or pH. It focuses on technologies that are commonly used and cost-effective.

The technology standard for toxic and non-conventional pollutants. It requires industries to use the most advanced technology even if it's more expensive.

Technology standards for new sources of pollution. They are equivalent to BACT (Best Available Demonstrated Control Technology).

Standards for existing sources discharging pollutants to publicly owned treatment works (POTWs). They apply to non-conventional and toxic pollutants.

Standards for new sources discharging pollutants to POTWs. They apply to non-conventional and toxic pollutants.

A calculation of the maximum amount of pollutant that a water body can receive and still meet water quality standards. Developed for waters that are impaired by pollution.

Specific plans developed for point sources discharging toxic pollutants to water bodies that don't meet water quality standards. They aim to reduce toxic pollution and prevent further impairment.

A legal principle used to determine if a wetland is subject to the Clean Water Act. It requires a close relationship between the wetland and a navigable water body.

Waters that are used or are susceptible to use for interstate commerce. They are protected under the Clean Water Act.

A broad definition of waters regulated under the Clean Water Act, including navigable waters, tributaries, and wetlands with a connection to interstate commerce.

A legal principle that applies when a pollutant travels through groundwater and eventually reaches navigable waters. It considers the discharge from the source equivalent to a direct discharge to navigable waters.

Dredged material that falls back into the water during a permitted dredging operation. It's not regulated as a discharge of pollutants.

A distinct, identifiable source of pollution, such as a pipe or ditch that discharges pollutants to water bodies.

This section of CERCLA requires reporting of releases of hazardous substances to the National Response Center.

CERCLA's 'stop order' provision - Allows the government to issue orders requiring immediate action to prevent further harm to health or the environment from releases of hazardous substances.

The heart of CERCLA's liability provisions - It defines the parties responsible for cleanup and the types of costs they can be held liable for.

This subsection establishes liability for punitive damages for failing to comply with a §106 abatement order.

This subsection outlines the specific costs for which responsible parties can be held liable under CERCLA.

A legal defense available to individuals who unwittingly purchase property contaminated with hazardous substances without knowing about the contamination.

This defense applies to buyers who discover contamination after proper investigation and still choose to purchase the property.

This exception to CERCLA liability applies to parties who contributed small amounts of hazardous substances to a site.

The section establishing the Superfund, a dedicated fund for financing government cleanup actions and reimbursing private parties for cleanup costs.

This section allows private parties who incurred cleanup costs to recover those costs from other responsible parties (cost recovery).

This section allows for parties to seek 'contribution' from other responsible parties, both before and after a cleanup lawsuit.

This section encourages prompt settlements between the government and parties who contributed small amounts of hazardous substances.

A method for allocating cleanup costs among responsible parties using a proportionate share approach, ensuring fair distribution of the burden.

A method for allocating cleanup costs using a pro tanto approach, where prior settlements are deducted from the total liability.

Under CERCLA, liability for cleanup costs is often strict, meaning fault or intent is not required.

The NEPA review process is concluded when a Record of Decision (ROD) is issued.

NEPA requires agencies to consider alternatives to their actions that would reduce environmental damage, balancing technical and economic factors.

Courts ensure agencies have considered the environmental consequences of their actions.

An EIS is required for 'major federal actions' that are likely to have significant environmental impacts.

Connected actions are those that trigger other actions, are interdependent, or can't proceed without other actions. They must be considered together in a single EIS.

An EIS should be prepared before a decision is made to allow the decision-maker a full range of options.

Before a threshold determination of significance, the agency must notify the public and allow for relevant facts to be submitted.

An agency conducting a NEPA review must consider not only direct, but also indirect environmental effects, such as environmental justice.

Reasonable alternatives must be analyzed in an EIS. They must be practical, feasible, and achieve the project's purpose and need.

An agency must compile relevant information, analyze it reasonably, consider pertinent data, and make appropriate public disclosures.

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) holds parties responsible for cleaning up hazardous waste sites. Liability can extend to current owners, past owners, and even those who arranged for disposal.

A railroad company was held liable as an owner under CERCLA even though it only leased the property to a pesticide facility. The court allowed reliance on "volumetric approximation" to determine liability.

Under CERCLA, instead of joint and several liability, each party responsible can be held liable only for their proportionate share in causing the harm.

Landowners who are potentially responsible parties under CERCLA must obtain EPA approval for their remediation plans to be compensated.

This case illustrates how courts determine responsibility for hazardous waste cleanup using equitable factors, such as the amount of waste, degree of toxicity, and level of involvement.

When responsible parties (PRPs) are insolvent or cannot be found, their share of cleanup costs is called an "orphan share". Remaining PRPs may be held liable for 100% of costs.

The Clean Air Act mandates the EPA to set National Ambient Air Quality Standards (NAAQSs) for criteria air pollutants. These standards are based on the most recent scientific knowledge to protect public health.

Each state must develop a SIP plan to meet the NAAQSs, specifying measures to achieve air quality goals. The EPA reviews and approves these plans.

A part of the Clean Air Act that requires states to prevent emissions that significantly contribute to air pollution in other states.

The Clean Air Act establishes NSPSs for major new stationary sources of air pollution. These technology-based standards limit the level of pollution produced.

For new or modified sources in areas meeting air quality standards, the Clean Air Act requires the use of the Best Available Control Technology to reduce emissions.

The Clean Air Act requires permits for major new stationary sources in nonattainment areas. These permits require using LAER for emissions control.

In nonattainment areas, major new or modified sources must meet the LAER, which is the strictest emission control technology achievable.

In nonattainment areas, new sources may need to offset their emissions by reducing emissions from existing sources to ensure overall air quality improvement.

Any substance or matter emitted into or otherwise enters the ambient air.

Any physical change or operational change in a stationary source that increases air pollutant emissions or results in the emission of new pollutants.

A stationary source emitting or potentially emitting 100 tons per year or more of any air pollutant.

The rule applied new air permit requirements to the largest stationary sources of greenhouse gases (GHG) exceeding a threshold of 75,000 or 100,000 tons per year.

Section 304 of the Clean Air Act authorizes citizens to bring lawsuits to enforce the Act's provisions.

A system to reduce acid precipitation by allowing power plants and industrial sources to trade permits for sulfur dioxide emissions.

Title V of the Clean Air Act requires permits for all major industrial sources, with state administration and federal oversight.

Economic considerations are not factored into setting ambient air quality standards (NAAQS).

The EPA Administrator cannot consider implementation cost when setting NAAQS.

Any change to an existing facility causing increased emissions of a regulated pollutant is considered a modification under the New Source Performance Standards (NSPS).

The Clean Air Act requires EPA to regulate GHG emissions from new motor vehicles if the EPA finds them to be a threat.

EPA cannot treat greenhouse gases as a pollutant for purposes of defining a major emitting facility, but can continue to require best available technology (BACT) for stationary sources that emit GHGs.

The Clean Air Act does not give EPA authority to require generation shifting (transitioning to renewable energy sources).

States have obligations to reduce pollution that impacts neighboring states (upwind states for downwind pollution).

A federal law requiring federal agencies to assess the environmental impact of major federal actions.

A detailed statement of environmental impacts, alternatives, and resource commitments required for major federal actions.