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Quiz 40 :

Environmental Law

Quiz 40 :

Environmental Law

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For purposes of the Clean Water Act, Farmer Brown's fields _________ a point source. A canal that collects rainwater and discharges it into the Everglades ________ a point source. (a) are, is (b) are, is not (c) are not, is (d) are not, is not
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Clean water act:
The congress passed the clean water act in the year 1972 with two goals such as the following:
• Making the controllable water suitable for fishing and swimming.
• Stopping the industries that pollute the controllable water
Determination of point source of clean water act:
The fields of the farmer (Brown) are not considered to be a point source for the purpose of clean water act. Whereas, a canal which collects the rain water and leaves it into the marshlands is considered to be a point source.
Hence, Option
img is correct.
The other options A, B, and D are incorrect as one option is totally incorrect and other two options are partially correct and partially incorrect.

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Tariq Ahmad decided to dispose of some of his laboratory's hazardous chemicals by shipping them to his home in Pakistan. He sent the chemicals to Castelazo (a company in the United States) to prepare the materials for shipment. Ahmad did not tell the driver who picked up the chemicals that they were hazardous, nor did he give the driver any written documentation. Has Ahmad violated U.S. law? What penalties might he face?
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Case synopsis:
Mr. T has decided to ship some of the hazardous chemicals to his home in Country P. He packed up the chemicals and sent it through his driver without informing him about the chemicals.
Violation of U.S. law:
It is found that Mr. T has violated "The Resource Conservation and Recovery Act." He has acted illegally by transporting the hazardous wastes without the knowledge of his driver.
The act of Mr. T has been unlawful and hence he has been convicted for the illegal transportation of hazardous wastes.
Penalties that might be faced by Mr. T:
The penalty that can be given to Mr. T is that he can be sued under the criminal penalties of "The Resource Conservation and Recovery Act."
The punishment may extend up to an imprisonment of few years based on the worth of the hazardous waste that has been transported.

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Before the Department of Agriculture issued regulations on genetically modified beets, what steps did it need to take under the environmental statutes?
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The step that might be taken by the "Department-of-Agriculture" under the environmental statutes:
The "Department-of-Agriculture" must perform an "Environmental-Assessment" for determining "Environmental-Impact-Statement" that was essential. By performing the "Environmental-Assessment," the department of agriculture plans the policies and programs that are to be carried out for the betterment of the environment.
On conducting the environmental assessment, the department of agriculture comes to know about how far the country safeguards the environment.

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The Navy wanted to conduct training exercises off the coast of California for sonar submarines. Scientists were concerned that the sounds emitted by the sonar would harm marine mammals, such as whales, dolphins, and sea lions. Environmental groups filed suit, asking that the Navy prepare an EIS. The Navy responded that these training exercises were important for national security and therefore it did not have to prepare an EIS. Was the Navy correct?
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Suppose that you are the manager of a General Motors plant that is about to start producing Hummers. The Hummer requires special protective paint that, as it turns out, reacts with other chemicals during the application process to create a pollutant. What does the Clean Air Act require of you? (a) Reduce other emissions from the plant so that the total quantity of pollutants is the same. (b) Provide an analysis showing that the benefits outweigh the costs. (c) Provide the EPA with evidence that your plant meets the national ambient air quality standards. (d) Obtain a PSD certificate from the EPA.
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You own property on which hazardous wastes are found. You know the identity of three former owners. You are: (a) liable for all the costs of the cleanup because you are the current owner. (b) liable for one-quarter of the costs of the cleanup. (c) liable for the percentage of the harm that you are able to show that you actually caused. (d) not liable for any of the costs of the cleanup because the damage occurred before you bought the land.
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The Toxic Substances Control Act: (a) requires manufacturers to test for safety all chemicals before they can be used in products. (b) requires the EPA to test for safety all chemicals before they can be used in products. (c) requires the EPA to test all chemicals, even if they are already being used in products. (d) permits the EPA to require testing of a chemical only if there is evidence that it is dangerous.
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Externalities pose an enormous problem for the environment. Often, the people making decisions do not bear the full cost of their choices. Thus, the owners of a power plant that emits tons of greenhouse gases are shifting some of these costs to the rest of the world, and even to future generations. Businesses tend to fight efforts to make them pay these externalities. For example, CropLife America lobbied against a bill that would support research on the effects of chemicals on children. On the other hand, Nike recently announced that it had resigned its seat on the board of the United States Chamber of Commerce in response to the Chamber's active lobbying against legislation that would regulate greenhouse gases. But Nike will remain a member of this group. What ethical obligation do American companies have to support environmental legislation that may impose higher costs? Do they have an obligation to look out for the greater good, or should they focus on maximizing their shareholder returns? What Life Principles would you apply?
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The marbled murrelet is a seabird on the list of endangered species. Pacific Lumber Co. received permission to harvest trees from land on which the murrelet nested, on the condition that it would cooperate with regulators to protect the murrelet. But the company went in one weekend and cut down trees before it met the condition. Caught in the act, it promised no more logging until it had a plan to protect the birds. It waited until the long weekend over Thanksgiving to take down some more trees. A federal court then ordered a permanent halt to any further logging. There was no evidence that the company had harmed the murrelet. Had it violated the law?
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The EPA _______have authority to regulate greenhouse gases. The states __________impose their own standards for these gases. (a) does, can (b) does, cannot (c) does not, cannot (d) does not, can
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YOU BE THE JUDGE WRITING PROBLEM The Lordship Point Gun Club operated a trap and skeet shooting club in Stratford, Connecticut, for 70 years. During this time, customers deposited millions of pounds of lead shot and clay target fragments on land around the club and in the Long Island Sound. Forty-five percent of sediment samples taken from the Sound exceeded the established limits for lead. Was the Gun Club in violation of the RCRA? Argument for the Gun Club: The Gun Club does not dispose of hazardous wastes, within the meaning of the RCRA. Congress meant the statute to apply only to companies in the business of manufacturing articles that produce hazardous waste. If the Gun Club happens to produce wastes, that is only incidental to the normal use of a product. Argument for the Plaintiff: Under the RCRA, lead shot is hazardous waste. The law applies to anyone who produces hazardous waste, no matter how.
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The Commonwealth of Virginia refused to prepare TMDLs for polluted Accotink Creek. When the EPA prepared its own set of TMDLs, Virginia sued to avoid compliance. Should Virginia be allowed to determine how much pollution to permit in its own waters? Alternatively, is it ethical for Virginia to refuse to comply with the law and to prolong the dispute with litigation?
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Life is about choices-and never more so than with the environment. Being completely honest, which of the following are you willing to do? • Drive a smaller, lighter, more fuel-efficient car. • Take public transportation or ride your bike to work. • Vote for political candidates who are willing to impose higher taxes on pollutants. • Insulate your home. • Unplug appliances when not in use. • Recycle your wastes. • Pay higher taxes to clean up Superfund sites. • Buy (more expensive) pesticide-free produce.
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Is cost-benefit analysis an effective tool in environmental disputes? How do we measure the costs and benefits? How do we know what benefits we might gain from saving endangered species, or improving visibility at the Grand Canyon? In the Entergy case, how does the EPA calculate the benefits of not squashing fish against intake screens? Should you survey people to ask them how much it is worth? Or just think in terms of lives saved or sick days avoided? Or should we protect the environment regardless of cost?
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Shell Oil sold pesticides to B B, which allowed these chemicals to leak into the ground. Shell was aware that the leaks were occurring. B B ultimately went bankrupt. Is Shell liable for the costs of cleaning up this site? Under what law?
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