PART 1: Short Answers. Answer any 15 of the following. (Extra credit will be given for answers to questions beyond the required 15)

1. Describe the process by which a site becomes a CERCLAsite.

1. Define "sustainable development."

1. What is the difference between a RCRA site and a CERCLAsite?

1. Explain the difference a national park and a wildernessarea?

1. What is the Stockholm Convention and what does itaddress?

1. What was the issue in Massachusetts v. EPAand how was itaddressed?

1. What is a "brownfields" site? Whyare these sitesproblematic?

1. What statute regulates underground storage tanks and what areits requirements?

1. What is the difference between an endangered species and athreatened species under the Endangered Species Act and how are they treated differently under theAct?

1. How does the most common type of a citizen suit work and what are the requirements of theseactions?

1. What is an environmental impact statement (EIS)? What are itslimitations?

1. What does each state have to do to comply with the Clean AirAct?

1. What does the Basel Conventionaddress?

1. What are the limitations and advantages to common law actions in environmentallaw?

1. Explain cap andtrade.

1. Explain the concept of environmentaljustice.

1. What is the major controlling factor directing what environmental lawsare written?

1. What is the toxic release inventory and what are itslimitations?

1. Explain what a conservation easement is and what are its strengthsand weaknesses.

1. What do you need to know when determining if an entity requires aNPDES permit?

PART 2 Problems (answer any 3 only) Problem 1

Joe's Power Co. has been operating in Ohio since 1965. Joe's Power Co. produces energy by burning coal. The operation of this plant causes sulfur oxides to be released into the atmosphere. Joe's Power Co. has put pollution control devises on its smoke stakes. However, it has failed to meet the federal NAASQs and the area around the

plant is in non-attainment. The federal government wants the state of Ohio (which granted Joe's Power Co.'s permit to operate) to require that Joe's Power Co. install a new type of pollution control which will cost Joe's Power Co. a substantial amount of money but will reduce the amount of sulfur oxide discharged by Joe's Power Co.

Question: What are the rights and responsibilities of the federal government and of the state of Ohio. Is there anything else you would need to know to determine these rights and responsibilities?

Problem 2:

1. Over the past 15 years new residential developments in Suburbia have destroyed 99% of the historic habitat of the 8 toed horned headed lizard. As a result the lizard population has declined from an estimated 100,000 to 57.The government has just listed this lizard as endangered under the Endangered SpeciesAct.

John Jones owns the last 10 acres of the lizard habitat. He acquired this property before the lizard was put on the endangered species list. Jones would like to develop his land just as his neighbors have developed theirs. The government has told him he cannot. As a result of this ruling the value of his property has dropped by 90%.

Questions:

Does Mr. Jones have any recourse?

If yes, what is his remedy and if not why not?

Problem 3

EPA has identified the former property of Dirty Corporation, which operated on the property a waste disposal facility in the 1960's, as a Superfund site contaminated with hazardous substances. EPA is determining who to sue to collect for remediation costs. Note whether the following companies/individuals are liable as "PRPs" under CERCLA and why or why not.

1. ABC Corporation which sent relevant hazardous waste to the site 20 years ago pursuant to the direction of the town government but which does notoperate in the area anymore.

1. The owner of the local diner who arranged to have his waste(including relevant hazardous waste) taken by Big Truck Co. to thesite.

1. Clean Corporation which bought most of the site in 1992 and still owns itand has done nothing to contribute to contamination of thesite.

1. Friendly Bank which owns a portion of the site due to a foreclosureaction against Dirty Corporation and is attempting to sell theproperty.

1. The owner of the dry cleaners who put his waste (including relevanthazardous waste) in the municipal waste disposalbins.

1. The owner of Fun Campground which hired Big Truck Co. to dispose of 100 gallons of its solid waste (containing relevant hazardous substances)at thesite.

Problem 4:

Joe Smith owns a factory. He has a permit to release certain levels of criteria pollutant into the atmosphere. The penalty for violating the permit is a fine of

$10,000 a day per violation.

Joe Smith's factory's filtering system malfunctions and cannot be repaired for 10 days. As a result of this malfunction, Joe Smith's factory exceeds its permit levels for two of the controlled criteria pollutants.

Questions:

Is Joe Smith subject to an enforcement action? If so, what is the maximum fine he can receive?

If so, what factors would a judge consider when determining an appropriate fine?

PART 3 Article

Read: https://thehill.com/policy/energy-environment/4341440-cop28-president- draws-fierce-backlash-with-attack-on-climate-science/

Write two separate paragraphs briefly supporting each side of this argument. Don't just make general statements: give examples.

You may do some limited research on this if you wish to but put everything into your own words.