Business Its Legal, Ethical, and Global Environment: Chapter 11. All Answers

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Business Its Legal, Ethical, and Global Environment: Chapter 11 1. SIPs are state plans for implementation of air quality standards. a. b. : : 1 Easy : United States - BUS... PROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Air Pollution Regulation : Bloom's: Knowledge 2. SIPs must be approved by the EPA. a. b. : : 1 Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Air Pollution Regulation : Bloom's: Knowledge 3. The Clean Air Act requires plants to use the maximum achievable control technology. a. b. : : 1 Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Air Pollution Regulation : Bloom's: Knowledge 4. The bubble concept applies to nonattainment areas. a. b. : : 1 Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Air Pollution Regulation : Bloom's: Knowledge 5. Sulfur dioxide emission permits can be sold under the 1990 Act. a. b. : : 1 Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Air Pollution Regulation : Bloom's: Knowledge 6. The Rivers and Harbors Act was used, at one time, to control water pollution. a. b. : : 1 Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Water Pollution Regulation : Bloom's: Knowledge 7. The 1970 amendments to the Clean Air Act were technology-forcing provisions. a. b. : : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Air Pollution Regulation : Bloom's: Knowledge 8. An NPDES permit is required for point sources. a. b. : : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Water Pollution Regulation : Bloom's: Knowledge 9. An NPDES permit is issued only with EPA approval. a. b. : : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Water Pollution Regulation : Bloom's: Knowledge 10. The Superfund is available to private citizens through the filing of a lawsuit. a. b. : : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Solid Waste Disposal Regulation : Bloom's: Knowledge 11. Violations of federal environmental laws carry both civil and criminal penalties. a. b. : : 1 Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Enforcement of Environmental Laws : Bloom's: Knowledge 12. An EIS must be filed for both private and governmental projects. a. b. : : 1 Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Environmental Quality Regulation : Bloom's: Knowledge 13. Nuisance is a common law anti-pollution doctrine. a. b. : : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Common Law Remedies and the Environment : Bloom's: Comprehension 14. A due diligence review should be done before property is purchased. a. b. : : 1 Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Solid Waste Disposal Regulation : Bloom's: Application 15. Mortgage lenders are exempt from liability under CERCLA. a. b. : : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Solid Waste Disposal Regulation : Bloom's: Comprehension 16. The "bubble concept" examines pollution in one area as if it came from a single source. a. b. : : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Air Pollution Regulation : Bloom's: Comprehension 17. Nonattainment areas are exempt from the Clean Air Act. a. b. : : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Air Pollution Regulation : Bloom's: Knowledge 18. The Oil Pollution Act applies to cleanups in all navigable waters up to 200 miles offshore. a. b. : : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Other Water Legislation : Bloom's: Knowledge 19. The Oil Pollution Act carries both corporate and officer penalties. a. b. : : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Other Water Legislation : Bloom's: Knowledge 20. Only current landowners are liable for Superfund cleanups. a. b. : : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Solid Waste Disposal Regulation : Bloom's: Application 21. Private citizens may not bring suit under federal environmental legislation. a. b. : : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Enforcement of Environmental Laws : Bloom's: Comprehension 22. The Oil Pollution Act creates a trust fund for oil spill cleanup. a. b. : : 1 Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Other Water Legislation : Bloom's: Knowledge 23. Many dry cleaners now charge an environmental surcharge to cover their costs on emissions compliance. a. b. : : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Air Pollution Regulation : Bloom's: Application 24. States are primarily responsible for the enforcement of the Safe Drinking Water Act. a. b. : : 1 Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Other Water Legislation : Bloom's: Knowledge 25. The EU has the most extensive and active emissions permit trading market. a. b. : : 1 Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : International Environmental Issues : Bloom's: Knowledge 26. Only current property owners are liable under CERCLA. a. b. : : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Solid Waste Disposal Regulation : Bloom's: Application 27. For purposes of CERCLA, the definition of owner/operator does not include a lender with just a security interest. a. b. : : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Solid Waste Disposal Regulation : Bloom's: Application 28. The EPA has developed three categories of water pollutants: conventional, international, and toxic pollutants. a. b. : : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Water Pollution Regulation : Bloom's: Knowledge 29. Insurance companies are not liable for CERCLA clean-up. a. b. : : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Solid Waste Disposal Regulation : Bloom's: Application 30. A nuisance must be a public nuisance to be actionable. a. b. : : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Common Law Remedies and the Environment : Bloom's: Comprehension 31. Those who transport and those who arrange for the transport of hazardous materials are liable under CERCLA. a. b. : : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Solid Waste Disposal Regulation : Bloom's: Application 32. The Endangered Species Act permits those desiring to protect a species as well as landowners affected by such protection to challenge a determination of protection for a species. a. b. : : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Other Federal Environmental Regulations : Bloom's: Comprehension 33. The Clean Air Act is applicable only to businesses with 15 or more employees. a. b. : : 1 Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Air Pollution Regulation : Bloom's: Knowledge 34. Lenders who repossess Superfund property can never be held liable for its cleanup. a. b. : : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Solid Waste Disposal Regulation : Bloom's: Application 35. Only actions taken by federal agents and agencies require the filing of an EIS. a. b. : : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Environmental Quality Regulation : Bloom's: Comprehension 36. State environmental laws are always superceded by the federal environmental laws. a. b. : : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : State Environmental Laws : Bloom's: Comprehension 37. A self-audit will increase EPA penalties for a company that conducts it. a. b. : : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Solid Waste Disposal Regulation : Bloom's: Comprehension 38. A NIMBY is a property owner who opposes development or certain land uses. a. b. : : 1 Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Common Law Remedies and the Environment : Bloom's: Knowledge 39. The parent corporation could have CERCLA liability for a subsidiary. a. b. : : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Solid Waste Disposal Regulation : Bloom's: Application 40. When there is a brownfield, no one is liable for the costs of clean-up. a. b. : : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Solid Waste Disposal Regulation : Bloom's: Comprehension 41. The EPA provides incentives for both self-reporting and self-audits. a. b. : : 1 Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Solid Waste Disposal Regulation : Bloom's: Knowledge 42. The Federal Partnership Action Agenda provides funding for brownfield projects. a. b. : : 1 Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Solid Waste Disposal Regulation : Bloom's: Knowledge 43. Most insurers now include an exclusion policy on CERCLA exposure, but coverage is available as a policy rider. a. b. : : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Solid Waste Disposal Regulation : Bloom's: Knowledge 44. Which of the following federal acts does not permit initial private citizen suits? a. Resource Conservation and Recovery Act b. Clean Air Act c. Clean Water Act d. All of the above permit private suits. : a : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Enforcement of Environmental Laws : Bloom's: Comprehension 45. Which of the following acts controls point sources? a. Clean Air Act b. Toxic Substances Control Act c. Clean Water Act d. all of the above : c : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Water Pollution Regulation : Bloom's: Synthesis 46. Which of the following parties would be liable for the clean-up costs at an EPA-designated Superfund site? a. current owner b. immediate past owner c. owner responsible for the toxic waste disposal d. all of the above : d : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Solid Waste Disposal Regulation : Bloom's: Application 47. How was the Rivers and Harbors Act of 1899 used in the pollution battle? a. to prevent dumping into waterways b. to prevent the transportation of toxic substances without a permit c. to prevent all discharges d. none of the above : a : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Water Pollution Regulation : Bloom's: Knowledge 48. Under which act was the EIS developed? a. Clean Air Act b. National Environmental Policy Act c. Clean Water Act d. Toxic Substances Control Act e. all of the above : b : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Environmental Quality Regulation : Bloom's: Synthesis 49. Effluent guidelines are: a. part of the Clean Air Act. b. part of the National Environmental Policy Act. c. part of the Clean Water Act. d. developed by the states. e. none of the above : c : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Water Pollution Regulation : Bloom's: Synthesis 50. A public nuisance: a. cannot be enjoined by a private citizen suit. b. prevents recovery of damages by individual citizens. c. is eliminated by federal environmental regulations. d. none of the above : d : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Common Law Remedies and the Environment : Bloom's: Synthesis 51. The Superfund is: a. tapped by Congress for surplus spending. b. used for air pollution problems. c. available by private citizen suit. d. a trust fund. e. none of the above : d : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Solid Waste Disposal Regulation : Bloom's: Comprehension 52. SIPs: a. are state implementation plans for air quality standards. b. are enforced by the state governments. c. need not have EPA approval. d. none of the above : a : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Air Pollution Regulation : Bloom's: Comprehension 53. Industrial groups are: a. the basis for EPA effluent guidelines. b. irrelevant in pollution standards. c. relevant at state levels only. d. none of the above : a : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Water Pollution Regulation : Bloom's: Comprehension 54. Data barn litigation cases have used which of these legal theories? a. trespass b. battery c. nuisance d. a and c : d : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Common Law Remedies and the Environment : Bloom's: Knowledge 55. What is the standard for pollution control equipment under the 1990 Clean Air Act amendments? a. best available technology b. maximum achievable control technology c. current available technology d. none of the above : b : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Air Pollution Regulation : Bloom's: Comprehension 56. The EPA's emissions offset policy: a. is used in water pollution issues. b. does not include the "bubble concept." c. is not technology-forcing. d. none of the above : d : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Air Pollution Regulation : Bloom's: Comprehension 57. Environmental impact statements (EIS) must: a. be written by all developers. b. discuss the economic impact of the proposed action. c. be written only when there is an air pollution concern. d. contain alternate courses of action. : d : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Environmental Quality Regulation : Bloom's: Comprehension 58. Basa Industries, Inc., because of processing changes, has "0" emissions from its plant in New Mexico. However, Basa holds a permit for emissions from the EPA. Basa: a. must return the permit to the EPA. b. can sell the permit privately. c. can sell the permit only through the EPA. d. must use the permit or forfeit it in six months. : b : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking : Air Pollution Regulation : Bloom's: Application 59. The University of Arizona has developed plans for the construction of a set of telescopes on Mount Graham in southern Arizona. The project is a joint one with NASA and a French consortium. Mount Graham is the home for the red mountain squirrel - a species near extinction. The University of Arizona: a. need not file an EIS since it is not a federal agency. b. need not file an EIS since there will be no air pollution. c. need not file an EIS because of the lack of jurisdiction over the French participants. d. must file an EIS. : d : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking : Environmental Quality Regulation : Bloom's: Application 60. Violations of the Clean Air Act: a. carry civil and criminal penalties. b. carry only civil penalties. c. can be remedied only by a suit brought by another citizen. d. are handled by the Justice Department. : a : 1 Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Air Pollution Regulation : Bloom's: Knowledge 61. If the EPA cleans up a toxic waste site, the cost of a cleanup can be recovered from the: a. owner. b. party who dumped the waste. c. Superfund. d. all of the above : d : 1 Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Solid Waste Disposal Regulation : Bloom's: Comprehension 62. A National Pollution Discharge Elimination Permit: a. permits the holder to discharge pollutants at its point source. b. permits the holder to discharge toxic pollutants. c. permits the holder to discharge pollutants after pretreatment. d. permits the discharge of smoke from utility plants equipped with scrubbers. : a : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Water Pollution Regulation : Bloom's: Knowledge 63. In nonattainment areas the EPA: a. defers to state regulation. b. can impose construction moratoriums. c. must honor the SIP. d. can cut off all forms of federal funding. : b : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Air Pollution Regulation : Bloom's: Knowledge 64. Ralph Watkins owns a large home on a two-acre lot in Tempe, Arizona. Watkins has much of the lot covered with tiff grass and is meticulous about mowing the lawn. Watkins piles the grass clippings near his back fence and removes them on a semiannual basis. The clippings attract crickets, rodents, scorpions, and other forms of desert life. Watkins' neighbor, Vern Brown, has noted that the various forms of desert life scale the wall and invade his property. Brown has worked with his exterminator but his exterminator has told him that the grass clippings must go before the bugs will go. Brown: a. could clean up the pile and recover from Watkins under CERCLA. b. could report Watkins for violating the Solid Waste Disposal Act. c. could seek an injunction against Watkins on the basis of nuisance. d. would not have a nuisance claim since he is the only one who is affected. : c : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking : Common Law Remedies and the Environment : Bloom's: Application 65. What is the name given to groups who oppose specific placement of land usages using nuisance theories and local zoning laws? a. BANANAs b. NIMBYs c. NUTs d. BAMBIs : b : 1 Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Common Law Remedies and the Environment : Bloom's: Knowledge 66. An EIS is filed with the: a. Council on Environmental Quality. b. NPDES. c. EPA. d. none of the above : c : 1 Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Environmental Quality Regulation : Bloom's: Knowledge 67. The Army Corps of Engineers has proposed the construction of a dam that will be of substantial benefit in Tennessee in terms of economic development. The dam will also destroy the natural habitat of an endangered species: the snail darter. The project: a. does not require an EIS since the EPA is not involved in the project. b. will require an EIS since the Army is involved. c. cannot be completed under the Environmental Protection Act. d. none of the above : b : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking : Environmental Quality Regulation : Bloom's: Application 68. In nonattainment areas, the EPA has the authority to: a. impose construction moratoriums. b. require NPDES permits. c. halt all federal funds. d. none of the above : a : 1 Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Air Pollution Regulation : Bloom's: Knowledge 69. Which of the following acts established the NPDES system? a. Water Pollution Control Act of 1948 b. Water Quality Act c. Rivers and Harbors Act d. Federal Water Pollution Control Act of 1972 : d : 1 Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Water Pollution Regulation : Bloom's: Knowledge 70. Which of the following acts established the Superfund? a. Solid Waste Disposal Act b. Resource Recovery Act c. Toxic Substances Control Act d. none of the above : d : 1 Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Solid Waste Disposal Regulation : Bloom's: Knowledge 71. Which of the following is not regulated by the EPA? a. water pollution b. nuisance c. drinking water d. toxic waste : b : 1 Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Statutory Environmental Laws : Bloom's: Knowledge 72. The Oil Pollution Act of 1990: a. covers the construction of domestic pipelines. b. covers oil spills up to 200 miles offshore. c. was repealed. d. none of the above : b : 1 Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Other Water Legislation : Bloom's: Knowledge 73. First Banc loaned money to Best Batteries for the purchase of its factory. First Banc took a mortgage on the factory and land. Best Batteries, because the price of its lifetime battery was so high, went out of business within 18 months. Best deeded the title to the factory and land back to First Banc. When First Banc sent in a clean-up firm, it discovered that there were old and new batteries stacked everywhere on the property. First Banc: a. has no responsibility for cleanup of the batteries. b. can sell the property and disclaim liability in the purchase contracts and thus pass along the cleanup to the buyer. c. enjoys a lender's exemption from CERCLA liability. d. none of the above : c : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking : Solid Waste Disposal Regulation : Bloom's: Application 74. Which of the following parties could the EPA hold liable for toxic leaks from an underground storage tank? a. current owner b. past owner c. current operator d. all of the above : d : 1 Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Solid Waste Disposal Regulation : Bloom's: Comprehension 75. What new businesses were affected by the Clean Air Act amendments of 1990? a. bakeries b. dry cleaners c. paint shops d. all of the above : d : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Air Pollution Regulation : Bloom's: Comprehension 76. The Endangered Species Act: a. requires only that an EIS be prepared. b. applies only to government land. c. applies to private and public lands. d. none of the above : c : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Other Federal Environmental Regulations : Bloom's: Comprehension 77. Ralph Waters owns forested land. The Department of the Interior has declared that a small fruitfly on his property is an endangered species and prevented the harvesting of trees there. Ralph: a. cannot harvest trees. b. is entitled to compensation for a taking. c. can challenge the determination in court. d. None of the above. : c : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking : Other Federal Environmental Regulations : Bloom's: Application 78. Ace Hauling, Inc., has been transporting industrial tailings for companies around the Minneapolis/St. Paul area for the past decade. The site at which the tailing were dumped has been designated at a CERCLA Superfund site. Ace Hauling's board of directors voted to sell Ace to a new corporation created by legal counsel for Ace. All of Ace's assets, liabilities and contracts will be transferred to the new corporation whose owners are unaware of Ace's history. By creating the new corporation and transferring the assets: a. Ace can avoid liability under CERCLA. b. Ace has done nothing to change its CERCLA liability. c. Ace can avoid any contractual liability under CERCLA. d. Ace eliminates its liability if its directors have no say in running the new corporation. e. none of the above : b : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking : Solid Waste Disposal Regulation : Bloom's: Application 79. Which of the following actions would require the company to obtain a permit for discharge from the EPA? a. Releasing water back into a stream after it was used in production with the only change being its temperature. b. Releasing water back into a stream after it was used in production, but in a state cleaner than it entered the factory. c. Releasing water into a pond on company property. d. Releasing water from a power plant cooling tower into the ocean. e. All of the above would require an EPA permit. : e : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking : Water Pollution Regulation : Bloom's: Application 80. Which of the following remedies are available to remedy environmental hazards? a. an EPA complaint b. private citizen suit under federal environmental law c. suit for nuisance d. suit under state law e. All of the above are available remedies. : e : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Enforcement of Environmental Laws : Bloom's: Knowledge 81. "Moving to the nuisance": a. means that the nuisance activity must still be stopped. b. means that there must be compensation for the nuisance-producing party to relocate. c. means there are no remedies available for the nuisance. d. is not permitted without an EIS. e. none of the above : b : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Common Law Remedies and the Environment : Bloom's: Comprehension 82. The Mega Borg had an oil spill in the Gulf of Mexico. What is the potential liability of the corporate owners of the ship under the OPA? a. $25,000/day or $1,000/barrel spilled. b. There is no corporate liability under the OPA; only individual liability. c. $250,000/day. d. none of the above : a : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking : Enforcement of Environmental Laws : Bloom's: Application 83. First National has just foreclosed on the mortgage of one of its debtors, Rayon Chemical. It will be six months before Rayon can sell the property. What can First National do with the property without risking CERCLA liability? a. Inspect the property. b. It is too late; foreclosure results in CERCLA liability. c. Operate the plant. d. none of the above : a : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking : Solid Waste Disposal Regulation : Bloom's: Application 84. Which of the following would require the filing of an EIS? a. expansion of an airport in a national park b. allowing snowmobiles in a national park c. erecting a research telescope facility in a national park d. All of the above would require an EIS. : d : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking : Environmental Quality Regulation : Bloom's: Application 85. Brownfields: a. are former Superfund sites that have been cleaned up. b. are Superfund sites that are lying fallow. c. cannot be sold or transferred. d. both b and c : b : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Solid Waste Disposal Regulation : Bloom's: Comprehension 86. The U.S. Supreme Court ruled that the EPA has a mandate under the Clean Air Act to act on greenhouse gases and global warming in which case? a. Environmental Defense v. Duke Energy b. Massachusetts v. EPA c. Summers v. Earthland Institute d. Union Electric v. EPA : b : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking : Air Pollution Regulation : Bloom's: Application 87. An “innocent landowner”: a. is one who owned a Superfund site but did not contribute to its contamination. b. is one whose land value is affected by a Superfund site. c. Is someone who wants to develop a brownfield. d. none of the above : c : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Solid Waste Disposal Regulation : Bloom's: Comprehension 88. The federal government is required to build a border fence along the U.S. and Mexican border. As construction began, several environmental groups brought suit because the Army Corps of Engineers and the Department of Homeland Security had not complied with federal law. Which of the following federal laws would the two agencies have to comply with before constructing the wall? a. They would need to do due diligence on the land before building the fence. b. They would need to do an EIS. c. They would need to designate any area where the fence is located as a brownfield. d. both b and c : b : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking : Environmental Quality Regulation : Bloom's: Application 89. Ergonomics operates a plant that manufactures plastic furniture. Residents complain that the smell from the plant is like inhaling chlorine bleach. Ergonomics located its plant in the area in 1967. Residential development near the plant began in 1999. The houses have grown closer and closer to the plant. The owners and the developer of the residential projects near Ergonomics have filed suit against Ergonomics for creating a public nuisance. a. Ergonomics was there first and there cannot be any finding of a nuisance as a result. b. The residential property owner and developer have moved to the nuisance and remedies vary. c. The residential property use and safety always take priority; Ergonomics must be closed down. d. A smell does not rise to the level of a nuisance. : b : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking : Common Law Remedies and the Environment : Bloom's: Application 90. A homeowner is plagued with smells and dirt from a nearby factory. Suggest appropriate remedies. : Violation of federal air pollution laws; nuisance; could seek injunction and/or damages; could complain to EPA for criminal sanctions. : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking : Air Pollution Regulation Common Law Remedies and the Environment : Bloom's: Synthesis 91. What penalties exist for violation of federal environmental regulations? : One year and/or $25,000 per day for violation. : 1 Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Enforcement of Environmental Laws : Bloom's: Knowledge 92. What agencies are responsible for enforcement of regulations on the environment? : Primarily EPA, but also Department of the Interior, Commerce, AEC, EPC, FAA, and so on. : 1 Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Enforcement of Environmental Laws : Bloom's: Knowledge 93. What environmental issues exist for a developer? : Use of land; discharges; obtaining permits; limitations on manufacturing and discharges. : 1 Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Statutory Environmental Laws : Bloom's: Knowledge 94. Explain how the EPA uses the "bubble concept." : The bubble concept is employed by the EPA in dealing with the proposed construction of plants in nonattainment areas. In these areas, all pollution is treated as coming from one source and to have a new plant, there must be a corresponding reduction in pollution somewhere in the area. This is also known as the EPA's emissions offset policy. : 1 Easy : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Air Pollution Regulation : Bloom's: Knowledge 95. Discuss how data barn problems can affect property values. : Data barns can decrease the value of property by making it less attractive to purchasers because of the nusiance factor and the potential costs of mitigation of the damages from the data barns. Like other examples in the nuisance area, the nuisance acts as a depressant on land values. : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Common Law Remedies and the Environment : Bloom's: Comprehension 96. Discuss the scope of the Endangered Species Act. : The Endangered Species Act with the Babbitt v. Sweet Home case has been greatly expanded to provide protection not just for the destruction of the animals, but for the interference or destruction of their habitats, whether those habitats are located on private or public lands. In some cases, the ruling will mean that landowners will not be permitted to develop their properties. : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Other Federal Environmental Regulations : Bloom's: Knowledge 97. Explain the steps in due diligence. : Trace EPA history, soil tests, clean-up; all done prior to purchase. : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Solid Waste Disposal Regulation : Bloom's: Knowledge 98. Why are so many service stations replacing their underground storage tanks? : Because of potential CERCLA liability from tank leakage. : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Solid Waste Disposal Regulation : Bloom's: Application 99. Explain whether each of the following would require an EIS and why. a. The creation of a heliport in a national park. b. The construction of a new central post office clearing facility. c. The placement of a federal research laboratory at the top of a mountain. : All three would require EISs because they are actions taken by a federal agency or agents and affect the surrounding areas. : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Environmental Quality Regulation : Bloom's: Application 100. Explain the economic incentives under the Clean Air Act of 1990 for companies to have fewer emissions. : If companies reduce emissions below permit levels, they can sell that right to emit up to their maximum. There is an open market for sale of permits or partial sales. : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Air Pollution Regulation : Bloom's: Synthesis 101. Describe what brownfields are and what the federal government had been doing to help manage them. : Brownfields are pieces of property that were Superfund sites that have not been cleaned up and are lying fallow because no one wants to use them, no one wants to buy them because of their designation, and the result is that there are vacant and abandoned sites that are an eyesore and limit economic development. The EPA and other agencies, through federal funding, are providing grants to partnerships among and between businesses and local governments in order to develop brownfields through clean-up and rebuilding. : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Solid Waste Disposal Regulation : Bloom's: Synthesis In June 1985, Joseph Marcantuone and Robert Gieson purchased property located in East Orange, New Jersey. At the time of purchase, the property was partly occupied and leased to Carriage Trade Cleaners, a dry cleaning establishment. A number of dry cleaners continuously operated on this site since 1930. Marcantuone and Gieson owned and operated a grocery store on another section of the property. They have never personally owned or operated a dry cleaning establishment on the property. JRM, LLC, and Sang Hak Shin were tenants on the property and the last operators of the dry cleaning establishment that utilized the hazardous substance tetrachloroethylene, or perchloroethylene (PCE), during the time Marcantuone and Gieson owned the property. The city of East Orange acquired the property through condemnation for the purpose of building a school on the property. But, the PCE was discovered on the property and out of the $629,407 given to Marcantuone and Gieson as compensation for the taking, the city held back $182,035.20 for the cost of the PCE clean-up. It cost the city a total of $212,000 to complete the clean-up of the property. 102. How would the city have discovered the PCE on the property prior to its valuation for condemnation? a. Through inspection of the property and the presence of a dry-cleaning establishment. b. Through land records tracing ownership of the dry-cleaning establishment. c. Through soil tests. d. all of the above : d : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking : Solid Waste Disposal Regulation : Bloom's: Application 103. What is the process of evaluating property prior to purchase called? a. An EIS b. Due diligence c. Nuisance abatement d. BAT or MACT : b : 1 Moderate : United States - BUSPROG: Reflective Thinking : United States - OH - AICPA: BB-Legal : Solid Waste Disposal Regulation : Bloom's: Application 104. Who is liable for the remaining amount due for the clean-up? a. Marcantuone and Gieson b. Lessees of the dry-cleaning establishment c. Previous owners of the property d. all of the above : d : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking : Solid Waste Disposal Regulation : Bloom's: Application 105. Classify Marcantuone and Gieson. a. Users b. Lessees c. Owners d. Lenders : c : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking : Solid Waste Disposal Regulation : Bloom's: Application 106. Classify JRM, LLC, and Sang Hak Shin. a. Users b. Lessees c. Owners d. Lenders : a : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking : Solid Waste Disposal Regulation : Bloom's: Application 107. The U.S. Department of Agriculture (USDA) approved an application from Monsanto to plant genetically engineered alfalfa seeds that resist Monsanto’s Roundup herbicide. Several environmental groups brought suit to stop the planting because the USDA did not complete an EIS in carving out an exception for genetically engineered crops. The fear is that the crops contain a bacterial gene that allows farmers to spray their fields for weeds without harming the alfalfa or other crops because the bacteria allows the crops to resist the weed spray. When is an EIS required? a. When a federal agency is taking action that could impact the environment. b. When an EIS is demanded by environmental groups. c. When a federal agency takes any action. d. When animal life is affected by federal agency action. : a : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking : Environomental Quality Regulation : Bloom's: Application 108. Who can bring suit to stop action by a federal agency? a. Another federal agency b. Citizen and environmental groups c. Only the company or individual affected by the agency action d. Only the Justice Department : b : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking : Enforcement of Environmental Laws : Bloom's: Application 109. The U.S. Department of Agriculture (USDA) approved an application from Monsanto to plant genetically engineered alfalfa seeds that resist Monsanto’s Roundup herbicide. Several environmental groups brought suit to stop the planting because the USDA did not complete an EIS in carving out an exception for genetically engineered crops. The fear is that the crops contain a bacterial gene that allows farmers to spray their fields for weeds without harming the alfalfa or other crops because the bacteria allows the crops to resist the weed spray. How do you think the court ruled in this case? : The court held that an EIS was not required when a federal agency made one decision to make an exception to an existing policy and affecting only one company. The court held that there was no evidence submitted by the environmental groups that there would be harm to the environment. Rather, there was general opposition to all genetically engineered products, a position not grounded in fact. : 1 Moderate : United States - BUSPROG: Analytic : United States - OH - AICPA: BB-Critical Thinking : Environmental Quality Regulation : Bloom's: Application [Show More]

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