12 May UNDER CERCLA WHICH OF THE FOLLOWING IS TRUE REGARDING THE IMPOSITION OF LIABILITY ON THE PARTIES?
Question 1Laws addressing wilderness preservation, wildlife protection, coastal zone management, energy conservation, and national part designation are referred to as _______ laws.Protection lawEnvironmental lawEndangerment lawsNatural resources laws5 points Question 2Which of the following laws applies to pesticide products?Toxic Substances Control ActFederal Insecticide, Fungicide and Rodenticide ActFederal Rat ActUniform Pesticide Act5 points Question 3Toby is the commissioner of environmental matters for State X, the state with the cleanest air in the nation. U.S. Pollution Company wants to move into State X. Unfortunately, State X has had a severe economic downturn. Many of the citizens are ready to trade some environmental cleanliness for jobs. Toby is on the hot seat. The governor and others say that State X has done very well and has always beaten all other states in meeting national ambient air quality standards. In fact, State X is so far in compliance that Pollution Company could operate for many years before there was a problem. What would you suggest to Toby regarding compliance with the Clean Air Act?Toby should disregard the Clean Air Act so long as his state is meeting national ambient air quality standards.Toby should disregard the Clean Air Act so long as his state is meeting national ambient air quality standards, and he can show an economic downturn of at least 10% in his state over the past 12 months.Toby should disregard the Clean Air Act so long as his state is meeting national ambient air quality standards, he can show an economic downturn of at least 10% in his state over the past 12 months, and he can show an increase in the unemployment level of at least 5% in his state over the past 12 months.Toby should not disregard the Clean Air Act because it requires that air quality in those areas that meet the national ambient air quality standards not be allowed to deteriorate.5 points Question 4________ liability is the responsibility of an acquirer of corporate assets for the liabilities of the seller.ParentSuccessorSubsidiaryEnvironmental5 points Question 5Which of the following is false regarding defenses to liability under CERCLA?A defense to liability is that the release of hazardous substances was caused solely by an act of God, such as an earthquake.A defense to liability is that the release of hazardous substances was caused solely by an act of war.A defense exists for purchasers of brownfields, contaminated sites that are eligible for cleaning and reclaiming with assistance from the Superfund.A defense exists if the defendant is less than 50% at fault for the contamination.5 points Question 6Environmental ________ is a systematic and ongoing process for determining whether property contains or emits hazardous substances and whether a company is in compliance with environmental lawsawarenessjusticedue diligencerisk management5 points Question 7________ is imposed upon the generator of hazardous waste by the Resource Conservation and Recovery Act.Negligence liability and responsibilityIndividual liability and responsibilityCradle to grave responsibilityJoint and several liability5 points Question 8Tina is the president of Bank X which holds a mortgage on a company found liable for illegal disposal of hazardous waste. The company has stopped paying on its loan to Bank X. Tina would like to foreclose, but she does not want the bank to become liable under CERCLA as an owner. What should she do?Tina should do nothing because foreclosure would automatically result in the bank becoming liable under CERCLA for clean-up costs.Tina should go ahead and foreclose because so long as the bank did not participate in the management of the facility prior to foreclosure, the bank will not be considered liable under CERCLA for clean-up costs.Tina should immediately arrange for the bank to become involved in managing the facility because so long as the bank participated in the management of the facility prior to foreclosure, the bank will not be considered liable under CERCLA for clean-up costs.Tina might as well go ahead and foreclose because as a mortgage holder, the bank is already automatically liable under CERCLA for clean-up costs.5 points Question 9The _______ occurs when individuals exploit a limited shared resource and contribute to its depletion knowing that there will be a detrimental impact in the long term.impact on the massesdestructive resources impacttragedy of the commonsabsolute negative5 points Question 10Under CERCLA which of the following is true if the EPA does cleanup work?The EPA can recover its cleanup costs from responsible parties.The EPA can recover its cleanup costs only from the present owner only.The EPA can recover its cleanup costs only from the owner at the time of disposal.The EPA can recover its cleanup costs from either the present owner or the owner at the time of disposal, but from no one else.5 points Question 11Gretta is the CEO of a paper company built near a river used in interstate commerce although the state in which the company is located is land locked and not near the coast. Gretta determines that a significant amount of money needs to be spent to comply with the federal Clean Water Act. She is already in trouble with stockholders because of low profits and does not wish to spend extra money on pollution control. Therefore, she instructs employees to simply dump waste into the river. She was aware that she would be fired if the company received a heavy fine, but she decided to take the risk because she was in danger of being fired if profits did not come up anyway. Also, while Gretta believed that the Clean Air Act applied; Linda, a majority stockholder, told her that the Clean Water Act would not apply based upon the location of the plant. Is Linda correct in her argument that the Clean Water Act would not apply based upon the location of the plant?Yes, Linda is correct that the Clean Water Act would not apply because the state does not border the coast.Yes, Linda is correct that the Clean Water Act would not apply because a river would not be considered a navigable waterway.Yes, Linda is correct that the Clean Water Act would not apply because the state does not border the coast and also because a river would not be considered a navigable waterway.No, Linda is incorrect; the river would be considered a navigable waterway; it does not matter that the state is not on the coast; and the Clean Water Act would apply.5 points Question 12Which of the following authorizes the federal government to take remedial action in response to a release of hazardous substances into the environment?CERCLASolid Waste Disposal ActResource Conservation and Recovery ActClean Air Act5 points Question 13The Clean Air Act does not require which of the following?That the EPA must establish national ambient air quality standards.That every state must meet their individual air quality standards.That air quality in areas that already meet national standards cannot deteriorate.That the EPA must preserve natural visibility in the wilderness areas.5 points Question 14What does the Superfund Recycling Equity Act do?It exempts recyclers from liability in private-party actions under CERCLA.It exempts recyclers from suits brought by the state or federal government.It provides a 10% federal rebate for recycling expenses incurred by corporations engaged in recycling activities.It provides a 5% federal rebate for recycling expenses incurred by corporations engaged in recycling activities.5 points Question 15Which of the following was the result in New Jersey v. EPA, the case in the text involving whether the EPA violated the clean Air Act when it delisted electric utility steam generating units from the list of sources of mercury pollution listed in the Clean Air Act and instituted a cap-and-trade system whereby plants emitting more than their allotments of mercury could buy credits from other plants?The court upheld both the delisting and the cap-and-trade provision.The court upheld the delisting provision but invalidated and the cap-and-trade provision.The court invalidated the delisting provision but upheld and the cap-and-trade provision.The court invalidated both the delisting and the cap-and-trade provision.5 points Question 16Under which of the following may a parent corporation be held liable under CERCLA for facilities ostensibly operated by a subsidiary?As an owner of a subsidiary whose corporate veil has been piercedAs an operator of the facilityBoth as an owner of a subsidiary whose corporate veil has been pierced and as an operator of the facilityUnder no circumstances may a parent corporation be held liable5 points Question 17What level of culpability does CERCLA require before authorizing an award of punitive damages against a polluter?Intentional violation of the lawRecklessnessNegligenceIt is only required that the defendant be the responsible party in regard to the pollution with the defendant’s mental state being irrelevant.5 points Question 18Company X was responsible for 40% of the environmental pollutants on a hazardous waste site whereas Company Z was responsible for the remaining 60%. Under CERCLA which of the following is true regarding the imposition of liability on the parties?Company X and Company Z are subject to joint and several liability meaning that either can be held liable for the total cleanup costs, and no contribution between the parties is available.Company X and Company Z are subject to joint and several liability meaning that either can be held liable for the total cleanup costs, but contribution between the parties may be available.Regardless of whether both companies are still in business, Company X is responsible for only 40% of the cleanup costs, and Company Z is liable for only 60% of the costs.Liability depends on who was the initial polluter because that party has primary liability for the total costs whereas the other company has secondary liability in the event that the first polluter is no longer in business.5 points Question 19The management of hazardous waste is governed by the ____ as amended.Clean Air ActClean Water ActSolid Waste Disposal ActFederal Superfund Law5 points Question 20Which of the following laws governs the quality of drinking water served by public drinking-water systems?Clean Sip ActChemical Control ActSafe Drinking Water ActNone of the responses are correct5 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points 5 points
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