B) False
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B) False
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A) 18 months
B) Two years
C) Three years
D) Five years
E) Ten years
G) A) and E)
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A) Conservation
B) Required
C) Primary
D) Secondary
E) Suggested
G) A) and B)
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A) Yes, an action for nuisance.
B) Yes, an action for trespass.
C) Yes, an action for annoyance.
D) A common law action for environmental assault would be available but only if Paula could establish personal injury.
E) A common law action for environmental assault would be available but only if Paula could establish personal injury and also reduced property value.
G) A) and B)
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A) Yes, he is correct.
B) No, he is incorrect; and criminal penalties include the provision that parties who knowingly violate the act can be subject to criminal fines of up to $1 million per day, and corporate officers are also potentially subject to imprisonment for up to two years for violating certain provisions of the act.
C) No, he is incorrect; and criminal penalties include the provision that parties who knowingly violate the act can be subject to criminal fines of up to $1 million per day, and corporate officers are also potentially subject to imprisonment for up to five years for violating certain provisions of the act.
D) No, he is incorrect; and criminal penalties include the provision that parties who knowingly violate the act can be subject to criminal fines of up to $1 million per month, and corporate officers are also potentially subject to imprisonment for up to two years for violating certain provisions of the act.
E) No, he is incorrect; and although violators are not subject to imprisonment under the act, parties that knowingly violate the act can be subject to criminal fines of up to $1 million per day.
G) B) and D)
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A) Warren is correct.
B) Warren is incorrect, and while incarceration may not be imposed under federal law, penalties are substantial including penalties of up to $5,000 per day.
C) Warren is incorrect, and while incarceration may not be imposed under federal law, knowingly endangering someone by violating the Clean Water Act can result in a criminal fine of up to $150,000 for an individual and $1 million for an organization.
D) Warren is incorrect, and while fines may not be imposed, any individual knowingly endangering someone while violating the Clean Water Act may face up to 10 years in prison.
E) Warren is incorrect, and both incarceration and fines may be imposed.
G) C) and D)
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A) The Toxic Substances Control Act is the only federal act regulating toxic substances.
B) The Federal Insecticide, Fungicide, and Rodenticide Act is the only federal act regulating toxic substances.
C) Three federal acts regulate toxic substances: The Hazardous Chemical Act, the Toxic Substances Control Act, and The Pesticide Regulation Act.
D) The primary federal acts for regulating toxic substances are The Hazardous Chemical Act and The Toxic Substances Control Act.
E) The primary federal acts for regulating toxic substances are the Toxic Substances Control Act and the Federal Insecticide, Fungicide, and Rodenticide Act.
G) B) and D)
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A) The Court found that petitioners' claims alleging defective design were essentially a "disguised" failure-to-warn claim and therefore preempted.
B) The Court found that federal law preempted all the plaintiffs' claims because they essentially requested that the defendant alter its product label.
C) The Court ruled that FIFRA does not preclude states from providing a remedy to those injured as a result of a manufacturer's violation of FIFRA's labeling requirements.
D) The Court ruled that while an attempt to require that the defendant change its label was allowed under FIFRA, a claim for monetary damages was preempted.
E) The Court ruled that while the plaintiffs could proceed with claims of fraud, all other claims were preempted.
G) B) and D)
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A) Failure states
B) Marginal areas
C) Nonattainment areas
D) Misguided states
E) Sick states
G) B) and E)
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A) That the company had no liability because it had not intentionally generated the waste.
B) That the company had no liability because it was the responsibility of the federal government to clean up the waste.
C) That the company had no liability because it was the responsibility of the state government to clean up the waste.
D) That the company was liable because it failed to monitor in a manner that would have revealed the waste in a timely manner.
E) That the company was liable under federal law because it failed to clean up the hazardous area in a timely manner.
G) C) and D)
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A) The Federal Water Pollution Control Act
B) The Safe Navigation Act
C) The Water Control Act
D) The Water Use Act
E) The Water Conservation Act
G) All of the above
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A) Warren is correct.
B) Warren is partially correct. Swimming may be a concern of the states, but such swimming is not a concern of the federal government because it does not directly affect harm through, for example, drinking contaminated water.
C) Warren is incorrect only if it can be established that swimmers were incurring physical symptoms such as rashes.
D) Warren is incorrect only if it can be established that the area was designated as an official tourist destination.
E) Warren is incorrect.
G) A) and D)
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A) The Resource Conservation and Recovery Act
B) The Comprehensive Environmental Response, Compensation and Liability Act
C) The Federal Hazardous Waste Act
D) The Hazardous Waste Disposal Act
E) The Authorized Disposal Waste Act
G) A) and C)
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A) The Hazardous Waste Act
B) The Comprehensive Waste Clean-Up Act
C) The Comprehensive Environmental Response, Compensation and Liability Act
D) The Hazardous Discovery, Remediation and Clean-Up Act
E) The Remedial Hazardous Material Act
G) A) and C)
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The permit will be issued only when the ...View Answer
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A) When the state has set up its own program for managing hazardous waste that is at least as stringent as the federal program.
B) When the state has reduced hazardous waste production at least 10% per year for each of the previous three years.
C) When the state has reduced hazardous waste production at least 5% per year for each of the previous three years.
D) When the state has stronger criminal penalties for violation of its hazardous waste laws than does the Resource Conservation and Recovery Act.
E) The Environmental Protection Agency never gives a state the first opportunity to prosecute violators of the Resource Conservation and Recovery Act.
G) A) and B)
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Under a marketable discharge permit syst...View Answer
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A) Conservation
B) Required
C) Primary
D) Secondary
E) Suggested
G) C) and D)
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B) False
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