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PART I - Multiple choice (choose the appropriate answers to each question)

1. The branch of the government that writes regulations is the:

1. Legislative
2. Judicial
3. Executive
4. Administrative

2. RCRA regulates all except

1. Generators of hazardous waste
2. Suppliers of material that becomes hazardous waste
3. Transporters of hazardous waste
4. Facilities that treat, store or dispose of hazardous waste.
   1. Shipment of hazardous waste among countries.

3. The Basel Convention restricts

1. Release of carbon dioxide into the environment
2. Dumping of pollutants into waterways.

d. Release of CFCs into the environment

4. The cap and trade system permitted under the Clean Air Act permits:

1. A company to discharge excessive amounts of a pollutant into the air as long as it makes a payment to the government.

1. A company to sell its rights to release lead into the environment to a company which does not discharge lead into the air.

1. A company which discharges less than the allowed amount of lead to sell a credit to a company which discharges more than the allowed level of lead into the air.

1. Two companies to trade allowances for different pollutants

5. A manifest must be used when handling hazardous waste by all except:

1. A transporter of hazardous waste
2. A large quantity generator
3. A facility that treats, stores or disposes of hazardous waste.
4. A facility that manufactures scrubbers for smoke stacks.

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6. A Constitutional provision which is the basis for many environmental laws is:

a. The search and seizure clause.

b. The interstate commerce clause.

c. The right to due process of law.

d. The supremacy clause.

7. Which is the incorrect statement regarding the use of common law remedies to address environmental issues?

1. Its use addresses future harm.
2. Its use requires litigation.
3. The plaintiff must have standing.
4. The plaintiff must prove wrongdoing on the part of the defendant
   1. Spill and overflow control

8. The regulation of underground storage tanks requires all but

1. Upgrade of certain existing tanks
2. Registration
3. Burying of all aspects of the system

9. The Clean Water Act applies to all except

1. A wetlands on the coast of Long Island
2. The Mississippi River
3. An aquifer beneath a federal park
4. San Francisco Bay

10. Violations of a NPDES permit could include all except

a. Exceeding effluent limits

b. Failure to monitor discharges

c. Pouring polluted water onto the ground.

d. Discharging without a permit.

PART 2: Short Answers. (Give a brief answer to each questions)

1. What are PRPs? What statute discusses them and who do they cover.

1. Explain the roles of the EPA and the state's regarding setting standards for the clean water act.

1. Discuss the issue of what "waters" are subject to the Clean Water Act.
   1. Define the concept of "cradle to grave" as it relates to environmental law.

4. What are the NAAQSs and what are their primary and secondary standards?

1. What is a SIP, by whom is it established, and what is its purpose?

1. Define "externality" and give an example of an externality related to the environment.

1. What is the Montreal Protocol and what does it address?

1. What is the difference between negligence and a nuisance?

1. Compare and contrast the mixture rule, the derived from rule and the contained in policy. Under what statute are these rules applicable?

PART 3: Long Answers (Show your thought process)

Question 1

Fact pattern

Stan Murray likes to mine for gold using a gravity separation process known as sluicing. This involves putting the dirt from which the gold is extracted in a sluicing box and running water from a stream over it. The lighter sand, dirt and clay are suspended in the wastewater and released into the stream.

Question: What are the issues? Is this a violation of any law or other legal principle that we have studied?

Question 2:

Fact pattern

The U.S. Department of Transportation (DOT) is funding a project to build additional entrance and exit ramps to a major highway.

Local citizens group opposes this because of the increased traffic will

Impact air quality and

Endanger the many children who play in the area.

Group submitted concerns to DOT.

DOT states that after weighing these concerns, the benefit outweighs the potential environmental detriment.

Group sues and presents convincing evidence that the environmental concerns are likely to occur.

Question: What laws are applicable to this situation? What are the relative legal rights of the citizens and of the DOT?

Question 3:

Fact Pattern

Joe Smith owns and operates a small factory which manufactures widgets. The industrial process requires the use of "degreasers" on the machinery. These degreasers, which contain hazardous substances are wiped onto the machines with rags. The saturated rags are then stored in barrels on site. Joe hires Sam to dispose of the contaminated rags. Sam comes and takes the rags without any paperwork. He then takes them and dumps them in a park instead of taking them to a licensed disposal facility. Joe has no idea where Sam is dumping the rags.

Question: What laws are applicable to this situation? What are the relative legal responsibilities of Joe and Sam? Who is responsible for cleaning up the site where Sam dumped the rags and why?

Question 4:

The Resource Conservation and Recovery Act (RCRA) is a federal statute that regulates waste management. However, most environmental contamination caused by the mismanagement of hazardous waste results in very localized harm. This harm rarely crosses state borders. Based on this, what is a rationale for this federal regulation?