QUIZZES-LAW10-FALL2011

 



1. Verna makes a living by commercial fishing in a river allegedly polluted

by Wall Paint Company. To bring a suit against Wall Paint on the

ground of private nuisance, Verna must allege that she suffers from

a. a distinct harm separate from that affecting the general public.

b. a lesser harm than an injunction would impose on Wall Paint.

c. Wall Paint’s failure to use reasonable care to avert herm to Verna.

d. the same harm as that affecting the general public. 

 

2. Natural Gas Company does not use proper filters on its smokestacks,

which consequently pollute the air. Obie, a Natural Gas employee,

suffers respiratory illness. To succeed in a suit against Natural Gas on

the ground of negligence, Obie must show that he suffers from

a. a distinct harm separate from that affecting the general public.

b. a lesser harm than an injunction would impose on Natural Gas.

c. Natural Gas’s failure to use reasonable care to avert herm to Obie.

d. the same harm as that affecting the general public. 

 

Fact Pattern 45-1B (Questions B3–B4 apply)

Rock Mining Company operates a gravel pit next to Sid’s residence. Sid files a

suit against Rock, alleging that the pit is a nuisance and unreasonably inter-

feres with Sid’s enjoyment of his property.

 

3. Refer to Fact Pattern 45-1B. The court is most likely to award Sid an

injunction

a. if letting the pollution continue is equally as harmful as stopping

it.

b. if letting the pollution continue is less harmful than stopping it.

c. if letting the pollution continue is more harmful than stopping it.

d. under no circumstances. 

 

4. Refer to Fact Pattern 45-1B. The court is most likely to award Sid

damages

a. if letting the pollution continue is equally as harmful as stopping

it.

b. if letting the pollution continue is less harmful than stopping it.

c. if letting the pollution continue is more harmful than stopping it.

d. under no circumstances. 

 

5. Missoula, Montana, passes an ordinance to regulate waste disposal. The

disposal of waste may also be regulated by

a. all other levels of government.

b. no other levels of government.

c. the federal government only .

d. the Montana state government only. 

 

6. Ultra Kleen, Inc., operates a chain of laundry establishments

throughout the United States. The government entity that is most likely

to be involved in regulating the chain’s environmental impact is

a. Congress.

b. federal and state administrative agencies.

c. local chambers of commerce.

d. local police departments. 

 

7. New Town Construction, Inc., wants to build a parking ramp to connect

to its New Town Mall, both of which are on private land. For this action,

an environmental impact statement is

a. prohibited.

b. required.

c. unnecessary.

d. voluntary. 

 

8. Midwest Power Corporation wants to build a nuclear power plant on pri-

vate land, for which a federal permit is required. For this action, an en-

vironmental impact statement is

a. prohibited.

b. required.

c. unnecessary.

d. voluntary. 

 

9. Rural Electric Company submits a bid to build a dam on federal land as

part of a federal project. For this action, an environmental impact state-

ment is most likely

a. prohibited.

b. required.

c. unnecessary.

d. voluntary. 

 

10. The Social Security Administration hires Thorough Paving, Inc., to

repave a parking lot. For this action, an environmental impact statement

is most likely

a. prohibited because the action does not affect the environment.

b. required because the action is “federal.”

c. unnecessary because the action is not “major.”

d. voluntary because the action does not affect the environment. 

 

11. The Environmental Protection Agency (EPA) has the authority to

regulate “any air pollutant.” In issuing standards for the discharge of

soot and other pollutants, the EPA

a. does not have to take economic costs into account.

b. must take into account the economic costs to businesses.

c. must take into account the economic costs to government.

d. must take into account the economic costs to the general public. 

 

B12. The operations of Metal Refining Industries, Inc., are major sources of

air pollution. These operations must use

a. the absolutely cleanest air technology.

b. the best available filter technology.

c. the maximum achievable control technology.

d. the most affordable scrubbing technology. 

 

13. Oil Refining Company’s plant emits hazardous air pollutants. Regarding

these pollutants, the plant must use

a. the all-pollution elimination technology.

b. the best possible available technology.

c. the maximum achievable control technology.

d. the practically affordable standard technology. 

 

14. Mucho Solvents Corporation has waste that it wants to discharge into

navigable waters. Under the Clean Water Act, Mucho must apply for a

permit

a. after discharging waste.

b. before discharging waste.

c. during the discharge of waste.

d. only if a regulatory agency challenges the discharge. 

 

15. Land Development Company wants to grade certain marshy land to

build Meadow Marsh, a residential subdivision. The Clean Water Act

covers waters with a continuous surface connection to bodies of water

a. permanent or intermittent flowing water only.

b. permanent or intermittent standing or flowing water.

c. permanent or intermittent standing water only.

d. permanent, standing or flowing water only. 

 

16. Little City Company operates a public water supply system. Little must

send to every household that it supplies with water an annual statement

describing

a. Little’s financial situation and material facts that might affect it.

b. other businesses in which Little is involved and to what extent.

c. parties who might be held liable if pollution problems arise.

d. the source of the water, and any contaminants and health

concerns. 

 

17. Petro Industries, Inc., operates an oil refinery near Quigley River, which

flows into Royal Lake. Discharging oil from the refinery into the river

can result in

a. civil penalties and damages.

b. civil penalties only.

c. damages only.

d. neither civil penalties nor damages. 

 

18. Hydraulic Equipment Company makes its products without required

pollution control technology, causing a discharge of oily waste into the

nearby Idle Lake. This activity can result in

a. a criminal fine or imprisonment only.

b. a criminal fine, imprisonment, or an injunction only.

c. a criminal fine, imprisonment, an injunction, or damages.

d. an injunction only. 

 

19. Hi-Yield Agriculture, Inc., makes a pesticide with a one-in-a-million risk

to people of developing cancer from exposure. This substance must be

a. disposed of before anyone develops cancer.

b. registered before it is sold.

c. taken off the market and placed in temporary storage.

d. used only in a way that avoids exposure to people. 

 

20. Valley Disposal Company operates a hazardous waste storage facility.

Valley buries unlabeled containers without determining their contents.

If the containers leak, Valley may be held to have violated

a. the Comprehensive Environmental Response, Compensation and

Liability Act (CERCLA) only

b. the Resource Conservation and Recovery Act (RCRA) only.

c. the CERCLA and the RCRA.

d. neither the CERCLA nor the RCRA.