Toxic Tort Law Quiz
45 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is a toxic tort?

  • A type of contract breach
  • A type of crime involving personal property
  • A claim for damages arising from exposure to a harmful chemical or substance (correct)
  • A legal term for injury caused by car accidents

    • Common law is uniform across all jurisdictions.

    False

    What must a plaintiff show to sustain a claim for damages in a toxic tort action?

    1. Exposure to a disease-causing agent; 2. Defendant's legal responsibility; 3. Suffering from exposure; 4. Injury caused by exposure.

    A tort is an act or omission that gives rise to __________ or harm to another.

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

    Match the following terms with their definitions:

    <p>Tort = A civil wrong for which courts impose liability Toxic Tort = Injuries caused by exposure to toxic substances Plaintiff = The person who brings a case against another in a court of law Defendant = The individual or entity being accused in a court of law</p> Signup and view all the answers

    What type of damages can arise from environmental conditions?

    <p>Personal injuries</p> Signup and view all the answers

    Work-related exposures are solely covered by toxic tort claims.

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

    Statutes provide uniform national frameworks for __________ control.

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

    What is the primary definition of nuisance?

    <p>Interference with one’s use and enjoyment of property</p> Signup and view all the answers

    Public nuisance negatively affects an individual or a small number of people.

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

    What is the term for the unauthorized entering of another person's land?

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

    In Florida, an oil company was found to have caused a nuisance through noise, vibrations, and ________ from its plant.

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

    Which of the following is NOT considered a nuisance?

    <p>Recycling with no imminent hazard</p> Signup and view all the answers

    A nuisance can only be classified as either public or private.

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

    What must a plaintiff show to prove negligence?

    <p>That the violation of the law was the proximate cause of the injury.</p> Signup and view all the answers

    What was a major legislative program for wastewater discharge in the US until 1972?

    <p>National Pollution Discharge Elimination System (NPDES)</p> Signup and view all the answers

    The Cuyahoga River fire occurred due to untreated wastewater discharge.

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

    Who was the First Lady that began to advocate against littering in 1965?

    <p>Lady Bird Johnson</p> Signup and view all the answers

    Untreated wastewater in developing countries totals approximately ______ billion gallons a day.

    <p>14</p> Signup and view all the answers

    Match the regulatory agencies with their responsibilities:

    <p>OSHA = Hazardous materials and conditions within the facility EPA = Hazardous materials that enter the environment Department of Public Health = Public health standards and regulations Department of Energy = Nuclear safety and energy regulations</p> Signup and view all the answers

    Which river once had 150 million gallons of raw sewage entering it daily until 1986?

    <p>Hudson River</p> Signup and view all the answers

    The legislative branch of government interprets laws.

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

    What year did Rachel Carson publish 'Silent Spring', a pivotal work in environmental law?

    <p>1962</p> Signup and view all the answers

    The ______ branch of government carries out laws and issues executive orders.

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

    What is a form of enabling legislation that establishes standards and requirements?

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

    Which entity has the jurisdiction over the enforcement of federal environmental laws where no EPA-authorized state programs exist?

    <p>EPA’s Office of Enforcement and Compliance Assurance</p> Signup and view all the answers

    The U.S. Senate ratified the Kyoto Protocol in 1997.

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

    What must be proven for criminal charges to be brought against an employer under the OSH Act?

    <p>Willful violations causing an employee's death</p> Signup and view all the answers

    The Kyoto Protocol aimed to reduce greenhouse gas emissions by _____ percent below 1990 levels by the year 2012.

    <p>7</p> Signup and view all the answers

    What was one of the primary reasons George Bush exited the Kyoto Protocol?

    <p>It was considered too costly</p> Signup and view all the answers

    Match the following environmental agreements to their descriptions:

    <p>Kyoto Protocol = Addresses greenhouse gas emissions Great Lakes Water Quality Agreement = Agreement between the U.S. and Canada OSH Act = Regulates workplace safety International Joint Commission = Drafts regulations for the Great Lakes</p> Signup and view all the answers

    The OSH Act allows for criminal charges to be brought against individuals for providing false statements on required documents.

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

    The _____ created an international joint commission to address actions affecting the Great Lakes.

    <p>Great Lakes Water Quality Agreement</p> Signup and view all the answers

    What is the primary purpose of the Montreal Protocol?

    <p>Address ozone depletion</p> Signup and view all the answers

    The 1987 Montreal Protocol required a complete phase-out of CFCs by 1999.

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

    What amendment phased out CFCs entirely by the year 2000?

    <p>London Amendment</p> Signup and view all the answers

    The Department of Energy (DOE) establishes energy efficiency standards under the Energy Policy and Conservation Act of 1975, while the _______ is responsible for enforcing these standards for appliances.

    <p>Federal Trade Commission (FTC)</p> Signup and view all the answers

    By what year does the U.S. plan to phase out the production of Class II substances (HCFCs)?

    <p>2030</p> Signup and view all the answers

    Match the following environmental regulations with their descriptions:

    <p>Montreal Protocol = Addresses ozone depletion CAFE Standards = Regulates fuel efficiency of vehicles Energy Policy and Conservation Act = Establishes appliance energy efficiency standards National Appliance Energy Conservation Act = Requires minimum energy efficiency standards for appliances</p> Signup and view all the answers

    The National Highway Traffic Safety Administration (NHTSA) is responsible for regulating the energy efficiency of residential appliances.

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

    What is the targeted fuel efficiency standard that manufacturers must achieve through CAFE?

    <p>Combine fuel efficiency of their product line overall</p> Signup and view all the answers

    What percentage cleaner must new passenger vehicles be compared to those on the road today?

    <p>77 to 95%</p> Signup and view all the answers

    Criminal law only governs civil disputes between individuals or corporations.

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

    What is the primary purpose of case law in the legal system?

    <p>To provide guidance on the interpretation and application of regulations based on outcomes of former cases.</p> Signup and view all the answers

    New standards reduce sulfur content in gasoline by up to _____%.

    <p>90</p> Signup and view all the answers

    Study Notes

    Week 1 Chapter 1: Fundamentals of Environmental Law

    • This chapter covers the fundamentals of environmental law.

    History of US Environmental Law

    • The Industrial Revolution (1760-1830):
      • Introduced new machines and power sources.
      • Increased impacts on natural resources and human health.
      • Significant asbestos use.
    • Post-World War II:
      • Rapid urban growth.
      • Construction of highways.
      • Increased air and water pollution.
      • Major smog events in Pennsylvania, London, and New York.

    Examples of Pollution Events

    • Donora, PA Smog (1948):
      • Five-day smog event.
      • Killed 20 people.
      • Caused respiratory problems for 6,000 of 14,000 inhabitants.
      • Resulting from emissions from US Steel's Zinc mill, American Steel & Wire Plant, and a temperature inversion.
    • London Smog (1952):
      • Five-day weather inversion.
      • Caused by coal used in domestic and industrial furnaces.
      • 4,000 immediate human deaths, 12,000 long-term deaths.
      • Also affected cattle/livestock.
    • New York (1953, 1966):
      • 1953: 260 deaths.
      • 1966: 168 deaths, 10% of population affected.

    Love Canal

    • William Love's canal project.
    • Waste site:
      • 1920: Abandoned plans and a municipal waste site emerged.
      • 1942-1953: Hooker Chemical Company transformed it into a municipal/industrial chemical dumpsite (with government approval).
      • 1953: Hooker capped the 16-acre hazardous waste landfill and sold it to the Niagara Falls School Board.
    • Limited Liability Clause:
      • Grantee warned about the presence of hazardous waste products.
      • Grantee assumed all risk and liability associated with the waste.

    Untreated Wastewater Discharge

    • Standard in US cities until the 1972 NPDES program.
    • San Diego into San Diego Bay (including Navy and industrial waste).
    • NYC into Hudson River (including tannery and paper mill discharges).
    • Around Manhattan, 150 million gallons of raw sewage daily (until 1986).
    • The Hudson's color matched paint applied at a General Motors plant in Tarrytown.
    • Continues globally (and sometimes beyond 3 miles offshore).
    • Untreated wastewater in developing countries (14 billion gallons a day).

    Cuyahoga River Fire (1969)

    • Oil slick caught fire in downtown Cleveland, Ohio.

    Videos

    • Numerous videos on various environmental topics mentioned.

    Sources of Environmental Law

    • Three key branches:
      • Legislative branch: Creates laws.
      • Executive branch: Carries out laws via federal agencies, executive orders, and treaties (with Congress' confirmation).
      • Judicial branch: Interprets laws.

    Forms of Enabling Legislation

    • Act: Law detailing program scope and enforcing agency.
    • Regulation: Legal mechanisms setting standards and requirements.
    • Guidance: Documents guiding program implementation.
    • Policy: Statements outlining topic positions.

    Regulatory Agency Responsibilities

    • Occupational Safety and Health Administration (OSHA):
      • Hazard materials and conditions within facilities.
    • Environmental Protection Agency (EPA):
      • Hazardous materials entering the environment.
        • Air
        • Water
        • Waste
    • OSHA/EPA MOU: Information sharing.

    Environmental Legislative Process

    • Congress proposes a bill.
    • Both houses approve the bill.
    • President approves or vetoes.
    • Approved bill established as an act.
    • House of Representatives finalizes the act and adds it to the US Code.
    • Congress authorizes enforcement agencies.

    Rulemaking Process (APA)

    • Agency proposes regulation.
    • Publication in the Federal Register for public review and comment.
    • Review of comments.
    • Publication of the final rule in the Code of Federal Regulations (CFR).

    Examples of Language in Acts vs. Regulations

    • Act (b) and regulations' reference URLs are provided.

    Occupational Safety and Health Act (OSH Act)

    • Enacted in 1970.
    • Created OSHA and its authority to enforce worker protection regulations.

    Economics

    • OSHA regulations consider costs and benefits of compliance.
    • EPA uses Regulatory Impact Analyses (RIAs) (e.g., under Executive Orders 12866 and 13563) to inform regulatory decisions, including consideration of:
    • Costs and benefits.
    • Least burden on society.
    • Combining several regulations.
    • Distributive impacts and equity.

    Regulatory Authority (EPA)

    • 2015: EPA published the Clean Power Plan, addressing carbon dioxide emissions from coal- and natural-gas-fired power plants.
    • 2022: Supreme Court overturned the Clean Power Plan.
    • Clean Power Plan was an administrative action, not directly authorized by legislative action.

    Federal Environmental Acts

    • Various acts (CAA, RCRA, PPA, CWA, SDWA, OPA, CERCLA, EPCRA, FIFRA, TSCA, NEPA, HMTA, ESA) are mentioned as key federal environmental laws.

    Common Law Liabilities

    • Overview of common law liabilities (trespass, nuisance, negligence, toxic torts, strict liability).

    Common Law: Toxic Torts

    • Detailed discussion of toxic tort claims:
    • Definition of toxic tort claims.
    • Application to environmental law (e.g., pesticides, PCBs).

    Definition of a Tort

    • Definition of a tort according to Cornell Law School and other legal sources.

    Toxic Tort

    • Claim for damages due to exposure to a disease-causing agent, where the defendant is legally responsible for the exposure, and the plaintiff has suffered an injury. (OSHA compliance may also create different standards.)

    Common Law: Nuisance

    • Definition of nuisance in environmental law, including a Florida case example.

    Nuisance

    • Definition of nuisance (unreasonable or unlawful use causing harm, inconvenience, or annoyance).
    • Discussion of public vs. private nuisance.

    Examples of Nuisance

    • Examples of cases (sewage odors, PCB migration, air pollution, recycling).

    Common Law: Trespass

    • Definition of trespassing on land.
    • Environmental law application: Sludge seeping onto land.

    Trespass vs. Nuisance

    • Comparison of trespass and nuisance (differentiation based on property use and possession).

    Negligence

    • Definition of negligence ("omission to do something a reasonable person would do").
    • Violation of a statute as a proximate cause of injury.
    • Examples mentioned (paint spray, hazardous waste disposal).

    Common Law: Strict Liability for Ultrahazardous Activities

    • Definition of strict liability (liability without proof of wrongdoing).
    • Environmental law application (toxic waste dump).

    Strict Liability

    • Liability stemming from ultrahazardous activity for profit.
    • Key references (Wikipedia).

    Key Legislation Incorporating Strict Liability

    • CERCLA (Superfund): Liability for potentially responsible parties (PRPs).
    • RCRA: Liability for facilities managing hazardous waste.
    • CWA: Liability for entities discharging pollutants into navigable waters.

    Environmental Criminal Prosecution

    • Enforcement jurisdiction (EPA).
    • Referral to the Department of Justice for prosecution.

    Occupational Laws

    • OSHA Act: Penalties for violations (e.g., willful violations or providing false statements).

    International Treaties

    • Overview of international treaties (Kyoto Protocol, Great Lakes Water Quality Agreement of 1978, Montreal Protocol).

    International Treaties: The Kyoto Protocol

    • Description of the treaty and its aims, including its goals on greenhouse gas emission reduction.

    International Treaties: Great Lakes Water Quality Agreement of 1978

    • Cross-border agreement (US and Canada).
    • International commission for creating and implementing regulations.

    International Treaties: The Montreal Protocol

    • Goals, amendments, and requirements relating to ozone depletion.

    Performance Standards Derived From Environmental Laws

    • CAFE standards: Energy Policy and Conservation Act (EPCA) of 1975 and efficiency requirements for vehicles.
    • Appliance standards: EPCA of 1975, Department of Energy (DOE) standards for residential and commercial products.
    • Vehicle emission standards: Clean Air Act, sulfur content in gasoline.

    Criminal vs. Civil Law

    • Distinction between criminal (loss of liberty) and civil law.

    Case Law

    • Description of case law, including guidance from OSHRC.

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Related Documents

    Week 1 Chapter 1: Fundamentals of Environmental Law PDF

    Description

    Test your knowledge on the principles of toxic tort law, including common law, nuisance, and the requirements for plaintiffs in these cases. This quiz covers various aspects of environmental law and its implications on public and private rights.

    More Like This

    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser