Podcast
Questions and Answers
What characterizes a private nuisance according to the provided details?
What characterizes a private nuisance according to the provided details?
Under which condition can a person be held liable for a private nuisance?
Under which condition can a person be held liable for a private nuisance?
What does the term 'intentional' signify in the context of private nuisance?
What does the term 'intentional' signify in the context of private nuisance?
What factors are considered when assessing the gravity of harm in a private nuisance case?
What factors are considered when assessing the gravity of harm in a private nuisance case?
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What does the balancing test for the unreasonableness of intentional invasion consider?
What does the balancing test for the unreasonableness of intentional invasion consider?
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In which case was a remedy decided via balancing resulting in damages instead of an injunction?
In which case was a remedy decided via balancing resulting in damages instead of an injunction?
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What kind of activities could lead to liability if they are classified as abnormally dangerous?
What kind of activities could lead to liability if they are classified as abnormally dangerous?
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Which of the following is NOT a factor considered under the utility of conduct in private nuisance evaluations?
Which of the following is NOT a factor considered under the utility of conduct in private nuisance evaluations?
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What must the EPA administrator do if a chemical substance presents an unreasonable risk to health or the environment?
What must the EPA administrator do if a chemical substance presents an unreasonable risk to health or the environment?
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What is the primary purpose of the Maximum Contaminant Level Goal (MCLG)?
What is the primary purpose of the Maximum Contaminant Level Goal (MCLG)?
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What is the meaning of MCL as established by the SDWA?
What is the meaning of MCL as established by the SDWA?
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Under the Clean Water Act, what is defined as a 'point source'?
Under the Clean Water Act, what is defined as a 'point source'?
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What does the Clean Water Act declare as its national goals?
What does the Clean Water Act declare as its national goals?
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What constitutes a public nuisance?
What constitutes a public nuisance?
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Which section of the Clean Water Act addresses the need for more stringent effluent limitations?
Which section of the Clean Water Act addresses the need for more stringent effluent limitations?
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What requirement does the SDWA impose regarding public water systems?
What requirement does the SDWA impose regarding public water systems?
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Which case involved a causation issue about sewage dumping between two states?
Which case involved a causation issue about sewage dumping between two states?
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In the context of the Lautenberg Act, what must be considered when evaluating risk?
In the context of the Lautenberg Act, what must be considered when evaluating risk?
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What factor is crucial for establishing standing in a lawsuit according to the content?
What factor is crucial for establishing standing in a lawsuit according to the content?
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What does the Clean Air Act do regarding federal common-law rights?
What does the Clean Air Act do regarding federal common-law rights?
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What does the EPA require for contaminants that may have adverse health effects in drinking water?
What does the EPA require for contaminants that may have adverse health effects in drinking water?
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What is the role of Total Maximum Daily Loads (TMDLs) as per the Clean Water Act?
What is the role of Total Maximum Daily Loads (TMDLs) as per the Clean Water Act?
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Which principle suggests that public policy should take precautions against potential harm with significant uncertainty?
Which principle suggests that public policy should take precautions against potential harm with significant uncertainty?
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What major limitation does the Clean Water Act impose on pollutant discharges?
What major limitation does the Clean Water Act impose on pollutant discharges?
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Under the Toxic Substances Control Act, what triggers the EPA to require testing of a chemical?
Under the Toxic Substances Control Act, what triggers the EPA to require testing of a chemical?
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In which case did the plaintiff have standing due to a stake in protecting quasi-sovereign interests?
In which case did the plaintiff have standing due to a stake in protecting quasi-sovereign interests?
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What obligation does Section 300g-6 of the SDWA impose regarding lead?
What obligation does Section 300g-6 of the SDWA impose regarding lead?
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What does the agency need to determine before a new chemical can be marketed?
What does the agency need to determine before a new chemical can be marketed?
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Which court case highlighted the issue of the EPA's failure to set an MCL for lead?
Which court case highlighted the issue of the EPA's failure to set an MCL for lead?
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In the context of workplace safety, what does OSHA require regarding regulations?
In the context of workplace safety, what does OSHA require regarding regulations?
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What is an emergent issue concerning contaminants like PFAS?
What is an emergent issue concerning contaminants like PFAS?
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How does common law interact with statutory law under International Paper Co. v. Ouellette?
How does common law interact with statutory law under International Paper Co. v. Ouellette?
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What does balancing seek to determine in relation to public nuisance claims?
What does balancing seek to determine in relation to public nuisance claims?
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Which of the following statements about liability for nuisance is true?
Which of the following statements about liability for nuisance is true?
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Which provision prohibits manufacturing new chemical substances without notifying EPA?
Which provision prohibits manufacturing new chemical substances without notifying EPA?
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Which factor must not be speculative when establishing causation in injuries brought before a court?
Which factor must not be speculative when establishing causation in injuries brought before a court?
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Which of the following is a requirement for the identification and listing of hazardous waste?
Which of the following is a requirement for the identification and listing of hazardous waste?
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What is the primary purpose of the manifest system in hazardous waste management?
What is the primary purpose of the manifest system in hazardous waste management?
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Which characteristic is NOT one of the four hazardous characteristics that define characteristic wastes?
Which characteristic is NOT one of the four hazardous characteristics that define characteristic wastes?
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What does the 'derived-from rule' state regarding hazardous waste?
What does the 'derived-from rule' state regarding hazardous waste?
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Which section requires Treatment, Storage, or Disposal facilities (TSDs) to obtain a permit?
Which section requires Treatment, Storage, or Disposal facilities (TSDs) to obtain a permit?
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The regulation of transporters of hazardous waste requires them to:
The regulation of transporters of hazardous waste requires them to:
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What is the definition of 'solid waste' according to the regulations?
What is the definition of 'solid waste' according to the regulations?
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Which of the following is NOT a type of exclusion for recyclable materials?
Which of the following is NOT a type of exclusion for recyclable materials?
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In what instance can a resource recovery facility be exempt from RCRA hazardous waste requirements?
In what instance can a resource recovery facility be exempt from RCRA hazardous waste requirements?
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Which court case ruled on the extent of EPA's jurisdiction under RCRA concerning materials eventually reused?
Which court case ruled on the extent of EPA's jurisdiction under RCRA concerning materials eventually reused?
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What must generators do to determine if their waste is hazardous?
What must generators do to determine if their waste is hazardous?
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Which of the following statements about the land disposal of untreated waste is true?
Which of the following statements about the land disposal of untreated waste is true?
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What information must TSD facilities provide to the EPA under the permit requirement?
What information must TSD facilities provide to the EPA under the permit requirement?
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What must a permit holder demonstrate regarding practicable alternatives to proposed discharges?
What must a permit holder demonstrate regarding practicable alternatives to proposed discharges?
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Which best describes the term 'technology-based standards' in the context of pollutant discharge?
Which best describes the term 'technology-based standards' in the context of pollutant discharge?
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In the case of County of Maui v. Hawaii Wildlife Fund, what resulted in a requirement for permitting?
In the case of County of Maui v. Hawaii Wildlife Fund, what resulted in a requirement for permitting?
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What does the NPDES permit program primarily address?
What does the NPDES permit program primarily address?
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What is necessary for an activity not to 'cause or contribute to significant degradation' of U.S. waters?
What is necessary for an activity not to 'cause or contribute to significant degradation' of U.S. waters?
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What defines 'Best Available Technology Economically Achievable' for toxic pollutants?
What defines 'Best Available Technology Economically Achievable' for toxic pollutants?
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Which case highlighted the requirement of permits for filling non-navigable waters?
Which case highlighted the requirement of permits for filling non-navigable waters?
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What are states required to compile concerning toxic pollutant discharges?
What are states required to compile concerning toxic pollutant discharges?
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What does the term 'incidental fallback' refer to in regulatory context?
What does the term 'incidental fallback' refer to in regulatory context?
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What triggers the need for a total maximum daily load (TMDL) calculation?
What triggers the need for a total maximum daily load (TMDL) calculation?
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In the context of water quality, what is meant by 'Best Practicable Control Technology' (BPT)?
In the context of water quality, what is meant by 'Best Practicable Control Technology' (BPT)?
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What is a significant outcome of the U.S. Supreme Court ruling on SWANCC v. U.S. Army Corps of Engineers?
What is a significant outcome of the U.S. Supreme Court ruling on SWANCC v. U.S. Army Corps of Engineers?
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Under which situation must no pollutants be discharged according to relevant standards?
Under which situation must no pollutants be discharged according to relevant standards?
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What aspect is necessary for a wetland to qualify under existing regulations?
What aspect is necessary for a wetland to qualify under existing regulations?
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What is the role of the 401 water quality certification in relation to stream flow requirements?
What is the role of the 401 water quality certification in relation to stream flow requirements?
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What defines an 'endangered species' under the Endangered Species Act?
What defines an 'endangered species' under the Endangered Species Act?
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What must federal agencies do under Section 7(a)(2) of the Endangered Species Act?
What must federal agencies do under Section 7(a)(2) of the Endangered Species Act?
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What does Section 9(a) of the Endangered Species Act prohibit?
What does Section 9(a) of the Endangered Species Act prohibit?
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What was the outcome of the TVA v. Hill case regarding the Endangered Species Act?
What was the outcome of the TVA v. Hill case regarding the Endangered Species Act?
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Under the Endangered Species Act, what is required for an area to be designated as critical habitat?
Under the Endangered Species Act, what is required for an area to be designated as critical habitat?
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What must an agency do if it determines that a proposed action may affect an endangered species?
What must an agency do if it determines that a proposed action may affect an endangered species?
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What is required if a biological opinion concludes that a proposed action jeopardizes a species?
What is required if a biological opinion concludes that a proposed action jeopardizes a species?
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What interpretation was upheld by the court regarding the definition of 'harm' in Babbitt v. Sweet Home?
What interpretation was upheld by the court regarding the definition of 'harm' in Babbitt v. Sweet Home?
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What information is considered when designating critical habitat?
What information is considered when designating critical habitat?
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When can citizens petition for the listing determination of a species?
When can citizens petition for the listing determination of a species?
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How often does the Secretary of the Interior review the list of endangered and threatened species?
How often does the Secretary of the Interior review the list of endangered and threatened species?
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In the context of the Endangered Species Act, what constitutes a 'threatened species'?
In the context of the Endangered Species Act, what constitutes a 'threatened species'?
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What aspect of the Endangered Species Act did Thomas v. Peterson address?
What aspect of the Endangered Species Act did Thomas v. Peterson address?
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What is necessary for landowners to receive compensation for remediation actions under CERCLA?
What is necessary for landowners to receive compensation for remediation actions under CERCLA?
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Under which circumstance can PRPs be held liable for 100% of response costs, including orphan shares?
Under which circumstance can PRPs be held liable for 100% of response costs, including orphan shares?
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What is the purpose of the Clean Air Act's Section 108?
What is the purpose of the Clean Air Act's Section 108?
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What regulations apply for sources located in nonattainment AQCRs according to the Clean Air Act?
What regulations apply for sources located in nonattainment AQCRs according to the Clean Air Act?
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What factor is NOT used to establish responsibility for hazardous waste disposal among PRPs?
What factor is NOT used to establish responsibility for hazardous waste disposal among PRPs?
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What do the PSD increments specify under the Clean Air Act?
What do the PSD increments specify under the Clean Air Act?
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Which section of the Clean Air Act requires states to develop and submit SIPs to the EPA?
Which section of the Clean Air Act requires states to develop and submit SIPs to the EPA?
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What type of liability can a party incur as a PRP under the Superfund law?
What type of liability can a party incur as a PRP under the Superfund law?
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In the case of Burlington Northern & Santa Fe Railway Co. v. United States, what determines the status of the railroad as an owner?
In the case of Burlington Northern & Santa Fe Railway Co. v. United States, what determines the status of the railroad as an owner?
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What is the Best System of Emission Reduction (BSER) associated with under the Clean Air Act?
What is the Best System of Emission Reduction (BSER) associated with under the Clean Air Act?
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What is the primary criterion for EPA to establish National Ambient Air Quality Standards (NAAQS)?
What is the primary criterion for EPA to establish National Ambient Air Quality Standards (NAAQS)?
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What is true regarding the status of states' authority under the Clean Air Act Section 116?
What is true regarding the status of states' authority under the Clean Air Act Section 116?
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Which specific section of the Clean Air Act requires a permit for constructing new major stationary sources of air pollution?
Which specific section of the Clean Air Act requires a permit for constructing new major stationary sources of air pollution?
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What triggers the conclusion of the NEPA review process when an EIS is prepared?
What triggers the conclusion of the NEPA review process when an EIS is prepared?
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Under NEPA, what is required to reduce environmental damage in the agency's decision-making?
Under NEPA, what is required to reduce environmental damage in the agency's decision-making?
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What does the court's role under NEPA entail as established in Strycker’s Bay Neighborhood Council, Inc. v. Karlen?
What does the court's role under NEPA entail as established in Strycker’s Bay Neighborhood Council, Inc. v. Karlen?
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In Kleppe v. Sierra Club, what is the necessity regarding the EIS as it pertains to major federal actions?
In Kleppe v. Sierra Club, what is the necessity regarding the EIS as it pertains to major federal actions?
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What is defined as 'connected actions' under CEQ regulations?
What is defined as 'connected actions' under CEQ regulations?
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When should an EIS be prepared according to Sierra Club v. Peterson?
When should an EIS be prepared according to Sierra Club v. Peterson?
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In Marsh v. Oregon Natural Resources Council, what requirement is established regarding the supplementation of an EIS?
In Marsh v. Oregon Natural Resources Council, what requirement is established regarding the supplementation of an EIS?
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According to the definitions in the content, what are 'indirect effects' of a project?
According to the definitions in the content, what are 'indirect effects' of a project?
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What must an agency do to fulfill the requirements regarding substance and quality of decisions as referenced in Sierra Club v. United States Army Corps of Engineers?
What must an agency do to fulfill the requirements regarding substance and quality of decisions as referenced in Sierra Club v. United States Army Corps of Engineers?
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What was established in Thomas v. Peterson regarding the treatment of related actions?
What was established in Thomas v. Peterson regarding the treatment of related actions?
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What is the definition of 'major emitting facility'?
What is the definition of 'major emitting facility'?
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What does the term 'modification' refer to in the context of air pollution regulations?
What does the term 'modification' refer to in the context of air pollution regulations?
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Which of the following cases governed the limitation of considering costs in setting NAAQS?
Which of the following cases governed the limitation of considering costs in setting NAAQS?
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What is the primary goal of TITLE IV of the Clean Air Act?
What is the primary goal of TITLE IV of the Clean Air Act?
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What do the environmental impact statements (EIS) prepared under NEPA require?
What do the environmental impact statements (EIS) prepared under NEPA require?
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Which case clarified the EPA's authority regarding greenhouse gases under the Clean Air Act?
Which case clarified the EPA's authority regarding greenhouse gases under the Clean Air Act?
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What is the significance of the Tailoring Rule?
What is the significance of the Tailoring Rule?
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Which section of the Clean Air Act authorizes citizen suits?
Which section of the Clean Air Act authorizes citizen suits?
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What does the National Environmental Policy Act (NEPA) primarily aim to create?
What does the National Environmental Policy Act (NEPA) primarily aim to create?
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What is a finding of no significant impact (FONSI) associated with?
What is a finding of no significant impact (FONSI) associated with?
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What is the threshold amount of emissions that categorizes a facility as a major source for air pollutants?
What is the threshold amount of emissions that categorizes a facility as a major source for air pollutants?
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In the context of EPA regulations, what does BACT stand for?
In the context of EPA regulations, what does BACT stand for?
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What is required for a state's implementation plan (SIP) under the Clean Air Act?
What is required for a state's implementation plan (SIP) under the Clean Air Act?
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What will happen to the ash from a municipal waste incinerator if it burns materials beyond household waste?
What will happen to the ash from a municipal waste incinerator if it burns materials beyond household waste?
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Under §106 of CERCLA, what can administrative orders require?
Under §106 of CERCLA, what can administrative orders require?
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Which entities can be held liable under §107 of CERCLA?
Which entities can be held liable under §107 of CERCLA?
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In the context of CERCLA, which of the following is NOT a requirement for the Innocent Purchaser Defense?
In the context of CERCLA, which of the following is NOT a requirement for the Innocent Purchaser Defense?
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What does the De Micromis liability exception stipulate?
What does the De Micromis liability exception stipulate?
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What is one function of the Superfund established by CERCLA?
What is one function of the Superfund established by CERCLA?
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Under the Proportionate Share Approach of UCFA, what is the main responsibility of the courts?
Under the Proportionate Share Approach of UCFA, what is the main responsibility of the courts?
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What does the term 'joint and several liability' refer to in the context of CERCLA?
What does the term 'joint and several liability' refer to in the context of CERCLA?
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Which case established that current owners may be held strictly liable for hazardous substance releases without regard to causation?
Which case established that current owners may be held strictly liable for hazardous substance releases without regard to causation?
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What does the Atlantic Research case clarify regarding cost recovery?
What does the Atlantic Research case clarify regarding cost recovery?
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What does §122(g) encourage between the government and PRPs who contributed small amounts?
What does §122(g) encourage between the government and PRPs who contributed small amounts?
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What do the terms UCFA and UCATA refer to in CERCLA context?
What do the terms UCFA and UCATA refer to in CERCLA context?
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Which of the following is a requirement for Bona Fide Prospective Purchasers under CERCLA?
Which of the following is a requirement for Bona Fide Prospective Purchasers under CERCLA?
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What is the primary goal of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)?
What is the primary goal of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)?
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Study Notes
Private Nuisance
- Definition (821D): A private nuisance is a non-trespassory invasion of another's interest in the private use and enjoyment of land.
-
Liability (822): One is liable for a private nuisance if their conduct legally causes an invasion of another's use and enjoyment, and the invasion is:
- Intentional and unreasonable.
- Unintentional and actionable under rules for negligence, recklessness, abnormally dangerous conditions/activities, or strict liability for abnormally dangerous activities.
- Intentional Invasion (825): An invasion is intentional if the actor acts to cause it, or knows it's substantially certain to result from their conduct.
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Unreasonableness (826): An intentional invasion is unreasonable if:
- The gravity of the harm outweighs the utility of the actor's conduct.
- The harm is serious, and the cost of compensating for it makes the conduct infeasible.
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Gravity of Harm (827): Factors include:
- Extent of harm.
- Character of harm.
- Social value of the invaded use/enjoyment.
- Suitability of the use/enjoyment for the locality.
- Burden on the harmed person to avoid the harm.
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Utility of Conduct (828): Factors include:
- Social value of the conduct's purpose.
- Suitability of the conduct for the locality.
- Impracticability of preventing/avoiding the invasion.
- Unreasonableness and Harm (829): Harm is unreasonable if it's greater than what the plaintiff should bear without compensation.
Public Nuisance
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Definition (821B): A public nuisance is an unreasonable interference with a right common to the general public, such as:
- Significant interference with public health/safety.
- Conduct proscribed by statute, ordinance, or regulation.
- Conduct of a continuing or long-lasting nature.
- The actor knows or should know of a significant effect on the public right.
- Balancing for Unreasonableness: Balancing may determine unreasonableness in public nuisance cases, Similar to private nuisance.
- Other Contributors (840E): Other individuals contributing to a nuisance does not absolve the defendant from liability for their own contribution, unless locality character is affected. This applies to both private and public nuisances.
Cases (Various)
- Cases demonstrate: Balancing of harm and utility, remedies (injunctive relief vs. damages), causation issues, applicability of different laws (common law, statutes) and standing requirements.
- Standing: Plaintiff must have a legally protected interest, concrete and particularized harm, causation connection and redressability.
- Environmental Protection Agency and Agencies: Agency power, decision-making processes, and constraints.
Toxic Substances Control Act (TSCA)
- EPA Review: EPA reviews existing chemicals in commerce to regulate unreasonable risks.
- New Chemicals: EPA must approve new chemicals to ensure minimal risk of injury.
- Prohibitions: EPA can prohibit or limit certain chemicals based on their effects.
Safe Drinking Water Act (SDWA)
- Maximum Contaminant Level Goals (MCLGs): Standards set for contaminants with potential adverse health effects, allowing for a margin of safety.
- Maximum Contaminant Levels (MCLs): Set closest to MCLGs as possible, considering cost/benefits and health risk reduction.
- Enforcement: EPA notifies states about violations and enforces compliance.
Clean Water Act (CWA)
- Goals: To achieve fishable/swimmable waters and eliminate pollutant discharges.
- Effluent Limitations: Sets standards for discharges from point sources.
- Water Quality Standards & TMDLs: States establish water quality criteria, identify polluted areas, and set Total Maximum Daily Loads.
- NPDES Permit Program: National pollution discharge elimination system, regulates point source pollutants.
- Dredge and Fill Operations: Army Corps of Engineers permits and EPA involvement.
- Other Points: Significant Nexus, intrastate waters; discharge definitions and case law
Endangered Species Act
- Endangered/Threatened Species: Defines "endangered" and "threatened" species, critical habitat.
- Listing and Designation: Federal agencies must conserve listed species and consider their impact on their actions.
- Consultations/Exemptions: Federal agencies must consult with Fish and Wildlife Service.
- Incidental Taking: Habitat Conservation Plans permit incidental taking.
Resource Conservation and Recovery Act (RCRA)
- Hazardous Waste Management: Categorization of hazardous waste, record-keeping, and manifest system for hazardous waste.
- Treatment, Storage, and Disposal Facilities (TSDs): Regulations for safe handling and corrective action for releases.
- Citizen Suits: Citizen suits are authorized for enforcement.
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
- Notification Requirements: Report hazardous substance releases.
- Liability: Imposes liability on parties involved in releases— current owners, past owners, and arrangers/ transporters.
- Exemptions: Innocent purchasers, bona fide prospective purchasers, and de minimus contributors.
- Superfund: Fund to finance and reimburse environmental response costs.
- Apportionment: Different approaches to apportioning cleanup costs between potentially responsible parties.
- CERCLA Cases: Examples of cases applying strict liability and illustrating challenges of interpretation.
Clean Air Act
- Air Pollutants and Standards: Identifies and regulates pollutants, setting ambient air quality standards and emission standards.
- State Implementation Plans (SIPs): State plans for achieving air quality standards, with EPA oversight.
- New Source Performance Standards (NSPS): Enacts emission technology standards for new facilities.
- New Source Review (NSR): Permits for new major sources.
- Cases demonstrate: Agency power, state/federal interplay and challenges in standard-setting.
National Environmental Policy Act (NEPA)
- Policy: Protecting human and environmental harmony and using pragmatic measures.
- Environmental Impact Statements (EISs): Requires detailed statements on environmental impacts, alternatives, and resource commitments for major federal actions; NEPA processes: Categorical Exclusions (CEs) and Environmental Assessments (EAs).
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Description
Test your knowledge on private nuisance laws including definitions, liabilities, and the nuances of intentional and unreasonable invasions. This quiz covers key concepts that impact the use and enjoyment of land. Ideal for law students or anyone interested in property rights.