environmental management

1. One of the following statements is incorrect?. The common law is a collection of principles derived from:

1. A)the application of natural reason
2. B)legislative enactment
3. C)an innate sense of justice
4. D)the dictate of conscience

1. Which of the following statements describe the New Environmental Paradigm:

1. A)Humans need not adapt to the natural environment because they can remake it.
2. B)Technology can solve all problems
3. C)The earth is like a spaceship with only limited room and resources
4. D)Humans have the right to modify the natural environment to suit their needs.

3. Many of the federal statues establish federal/state regulatory programs in which       the states are given the opportunity to enact and enforce laws to achieve the regulatory objectives established by the Congress. These state laws must be:
4. A) exactly the same as the federal regulations
5. B) more stringent than the federal regulations
6. C) same or less stringent than the federal regulations
7. D) at least as stringent as the federal regulations

1. A company’s current operations are the only potential source of environmental responsibility and liability.
   1. True
   2. False

1. Judicial decisions have established that NEPA requirements are limited to the natural, undisturbed environment.
   1. True
   2. False

1. Environmental Justice (EJ) can be considered which of the following:
   1. Law
   2. Regulation
   3. Policy
   4. Movement

1. Select the correct answer to fill in the blank: CERCLA deals with cleaning up of abandoned or inactive contaminated sites. RCRA is complementary to CERCLA and applies mainly to _______________________
   1. Active facilities that do not generate/store/handle hazardous wastes
   2. Close facilities that generated/stored/handled municipal wastes
   3. Active facilities that generate/store/handle hazardous wastes
   4. Close facilities that generated/stored/handled hazardous wastes
   5. Active facilities that generate/store/hand radio-active wastes

1. Select the correct answer to fill in the blank in the following sentence: All hazardous wastes are a subset of _________________
   1. municipal wastes
   2. toxic wastes
   3. reactive wastes
   4. solid wastes
   5. corrosive wastes
   6. radio-active wastes

1. Which of the following point sources are NOT covered under the NPDES program?
   1. discernable pipes
   2. irrigation return flows
   3. concrete conveyances
   4. vessels or floating crafts
   5. agriculture storm water discharges

1. Which Title of the Code of Federal Regulations is the primary category for “Protection of the Environment?”

1. 29
2. 40
3. 43
4. 49

1. Case law has established that the EPA may consider implementation costs in setting primary and secondary NAAQS under the CAA

1. True
2. False

1. Which of the following defines an Endangered Species, according to the federal Endangered Species Act:
   1. any species that is likely to become endangered
   2. any species whose habitat is endangered
   3. any species that is in danger of extinction in any part of its range
   4. any species in danger of extinction throughout all or significant part of its range
2. Which legal concepts listed are relevant to legal damages sought by the Flint Michigan lead contamination victims?

1. Gross negligence
2. Diplomatic immunity
3. Sovereign immunity
4. Official immunity

FILL IN THE BLANK SECTION

INSTRUCTIONS: Provide the best answer for the items below. Each item is worth number (1) points. This section is worth 7 points. Please answer all questions in this section, questions 14-20.

14. Negligence is that part of the law of tort, which deals with acts not intended to ____________________.

15. Under “strict liability in tort”, liability for damages to persons or property can be imposed without requiring a showing of _________________.

16. RCRA applies mainly to _____________facilities. (Thus, it is a compliment to CERCLA, which deals with cleaning up of abandoned or inactive sites.

17. One of the key exclusions under CERCLA is ______________________. Therefore closed gasoline stations must be regulated under RCRA.

18. A recent revision of EPA’s Guidance on the definition of “waters of the United States” is a result of confusion caused by two famous Supreme Court cases: ________________and _______________.

19. The step in Risk Assessment that links it to Risk Management is ___________________________.

20.  The EPA formation and the first Earth Day were in what year? _______________________

SHORT ANSWER ESSAY SECTION

INSTRUCTIONS: Provide a concise direct answer to each essay question; your answer should be no more than 1/4 page in length. Write your answers between the dotted lines.  Each question is worth 5 points.  Total points for this section are 90 points. Answer all questions 21-38.

21. Name two (2) National environmental laws that are a product of Article 1, Section 8, part 3 (The Commerce Clause) of the U.S. constitution. Explain why they fall under this clause.

22. What are the 4 Tiers of the Safe Drinking Water Act?

23.What are the five (5) types of pesticides covered by FIFRA and what are the four (4) criteria assessed as part of the registration process.

24. What is the “joint and several liability” concept?

25. Discuss at least two ways that an EO (Executive Order) can be overturned or cancelled.

26. Who was Barry Commoner and what are his four (4) ecological laws?

.

27. Water Quality Standards consist of 3 elements. Name them and describe how they are connected.

28. Discuss 2 cases that helped establish “standing” for citizen suits concerning the environment

29. What does the acronym NAAQS stand for and for which six criteria pollutants have NAAQS been established?

30. Is stratospheric ozone good or bad for us? Explain your answer and tell what the CAA amendments of 1990 did to address the issue.

31. What does Section 301 of the Clean Water Act say about discharges into the Waters of the United States?

32. What is the role of the Office of Management and Budget in the EPA regulatory development process?

33. What is nonpoint source pollution and why is it so difficult to manage and regulate?

34. Economic and technological considerations are included in environmental regulations. Explain the acronyms BACT, BPT, BCT and BAT and what regulations include them

35. Several laws and regulations address “cradle to grave” management of chemicals and pollutants. Name 2 and briefly discuss how they implement this concept.

36. What individual signs U.S. EPA’s federal rules to be published in the Code of Federal Regulations which is the official record for all federal regulations? What is the purpose of the Federal Register (FR) and why is the FR important to citizens?

37. Hazardous substances are defined in CERCLA Section 101(14). They are defined by reference to substances that are listed or designated under other environmental statues. List 3 of the 6 references to these other environmental statutes including their Section numbers.

38. What is the primary organization involved in establishing international environmental law? List three (3) major international protocols or conventions and the environmental issues covered by these protocols and conventions