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Q:
Banes and Co. is spread over an area of 1,500 acre complex in Baytown consisting of an oil refinery and two petrochemical plants. The refinery produces over 200,000 barrels per day. Residential neighborhoods are within a mile downwind from each facility, and almost 15,000 people live within three miles of the oil giant's facility. It releases gases over 3.5 million pounds of sulfur dioxide, 6 million pounds of carbon monoxide, 2 million pounds of volatile organic compounds, 275,000 pounds of nitrogen oxides, 60,000 pounds of 1,3-butadiene, and 35,000 pounds of benzene. It violates the standards established by the federal authorities. Which Act does Banes violate?
Q:
What are the civil and criminal penalties that enforce the Clean Air Act?
Q:
How is the bubble concept different from the point source concept when measuring pollution emissions?
Q:
What is the technology-forcing aspect of the Clean Air Act?
Q:
The basis for the _____ tort lies in the defendant's breach of his/her duty to use ordinary and reasonable care toward the plaintiff, which proximately (foreseeably) causes the plaintiff injury.
A. strict liability
B. negligence
C. trespass
D. private nuisance
E. public nuisance
Q:
High carbon dioxide levels which lead to warmer global temperatures create the:
A. butterfly effect.
B. greenhouse effect.
C. polar effect.
D. Bohr effect.
E. boomerang effect.
Q:
_____ percent of the world's population uses more than half of its polluting energy.
A. Ten
B. Fifteen
C. Twenty
D. Twenty-five
E. Thirty-five
Q:
What are the components of the environmental impact statement (EIS) and when are they required?
Q:
Tort law attacks the pollution problem using the established theories of:
A. nuisance and trespass.
B. negligence and strict liability.
C. nuisance, trespass, and strict liability.
D. trespass, negligence, and nuisance.
E. nuisance, negligence, trespass, and strict liability.
Q:
A factory's failure to use pollution control equipment may be evidence of its failure to exercise _____ resulting in evidence of negligence.
A. best practices
B. prudence
C. standard of care
D. reasonable care
E. good faith
Q:
The common law of _____ is established when the use of one's land unreasonably interferes with the use or enjoyment of another's land.
A. strict liability
B. negligence
C. trespass
D. private nuisance
E. public nuisance
Q:
A defendant is liable for _____ if, without right, he/she intentionally enters land in possession of another or causes something to do so.
A. strict liability
B. negligence
C. trespass
D. private nuisance
E. public nuisance
Q:
Fletcher and Co. manufactures explosives that are used for the demolition of structures. These explosives are stored in their warehouse situated in a residential area. One day, the warehouse catches fire, resulting in an explosion which causes widespread damage to the life and property of the people living in that area. Fletcher and Co. are guilty of:
A. strict liability.
B. negligence.
C. trespass.
D. private nuisance.
E. public nuisance.
Q:
_____ refers to an act that causes inconvenience or damage to the public in the exercise of rights common to everyone.
A. Direct interference
B. Negligence
C. Trespassing
D. Private nuisance
E. Public nuisance
Q:
Under Superfund, the costs for restoring land to its previous condition is called:
A. reformation.
B. remediation.
C. rehabilitation.
D. reconstruction.
E. reclamation.
Q:
Under the Superfund law, a purchaser of land may escape the liability to cleanup hazardous wastes by:
A. fixing responsibility on the previous owner of the land.
B. suing the land seller for the hazardous wastes left by the seller.
C. informing the government of any hazardous wastes in the land.
D. pleading ignorance to the knowledge of the act.
E. proving the exercise of due diligence in checking the land for toxic hazards.
Q:
If a bank assumes ownership of a piece of contaminated land:
A. the previous owner will be solely responsible for the cleanup.
B. the bank can re-sell the property without any liability for cleanup.
C. the bank becomes a responsible party.
D. the bank cannot sell the land due to its contaminated status.
E. and then sells it, the future owner will be solely responsible for the cleanup.
Q:
A private citizen can:
A. report violations of environmental law to the EPA, but cannot act directly.
B. sue polluters through governmental agencies to enforce compliance with environment law.
C. sue public agencies, like EPA, to force the adoption of regulations.
D. sue businesses, but not the government, to enforce rules under environmental statutes like the Clean Air Act and the Clean Water Act.
E. resort to intimidatory tactics against polluting industries.
Q:
The primary purpose of the Toxic Substances Control Act is to:
A. force an early evaluation of suspect chemicals before they become economically important.
B. slow down the introduction of new chemicals to encourage the use of already established chemicals.
C. prevent the shipment of unsafe chemicals to foreign countries.
D. create an organic environment for agriculture.
E. identify water bodies for the safe disposal of toxic materials.
Q:
Under the Resource Conservation and Recovery Act, a generator of wastes is obligated to:
A. provide on-site disposal of the waste.
B. determine if a nonlisted waste is hazardous in terms of the chemical characteristics specified by the Solid Waste Disposal Act.
C. determine whether its wastes qualify as hazardous.
D. produce no new chemicals.
E. pay punitive and speculative damages to the aggrieved party.
Q:
Which of the following statements holds true for the manifest system of hazardous waste disposal?
A. It assesses penalties for failure to comply with the provisions of RCRA.
B. It refers to the software packages used for aggregating data for optimization of operations for waste collection.
C. It prescribes various record-keeping requirements for waste disposal.
D. It obligates the generator to determine whether its wastes qualify as hazardous.
E. It requires the generator to prepare a manifest document that designates a licensed facility for disposal purposes.
Q:
The Comprehensive Environmental Response, Compensation, and Liability Act:
A. levies punitive damages up to five times of the cleanup costs.
B. mandates notification for authorized release of hazardous substances.
C. imposes strict liability on those responsible for unauthorized discharges of hazardous wastes.
D. supersedes international pollution control laws.
E. permits pollution within the legal limits.
Q:
Under the Solid Waste Disposal Act, the federal role in nontoxic waste management is to:
A. provide strict guidelines to landfill composition.
B. promote research and provide technical and financial assistance to the states.
C. waive standards regarding other pollution that arises as a result of solid waste management.
D. grant tax breaks for industries using recycled materials.
E. provide for the storage, transfer, and the disposal of non-toxic waste material.
Q:
Total solid wastes produced yearly in the U.S. equals almost _____ tons for every individual.
A. 5
B. 15
C. 25
D. 50
E. 80
Q:
The primary federal effort in solid waste management is represented by the _____ Act.
A. Waste and Resource Reclamation
B. Solid Waste Disposal
C. Landfill Management
D. National Environmental Policy
E. National Solid Waste Management
Q:
Opinion research indicates that the public's highest concern regarding regulation of industry is:
A. expansion of industry into protected areas.
B. control of toxic and hazardous chemicals.
C. movement of industry to less-regulated countries.
D. land encroachment in national parks.
E. the transfer of toxic materials to developing countries.
Q:
For the Department of Interior, the Endangered Species Act is administered by the:
A. Fish and Wildlife Services.
B. EPA.
C. National Marine Fisheries Services.
D. FEPCA.
E. Fish and Wildlife Services and the National Marine Fisheries Services.
Q:
Under the Endangered Species Act, the right to declare a species as endangered rests with the:
A. director of the EPA.
B. Governors of states where the species habitat is located.
C. Secretary of the Interior.
D. president.
E. upper house of the U.S Congress.
Q:
The Federal Insecticide, Fungicide, and Rodenticide Act:
A. requires registration and labeling of agricultural pesticides.
B. requires licensing of operators using pesticides.
C. prohibits the use of pesticides near schools.
D. takes into account the economic and environmental, but not the social, costs and benefits of the use of any pesticide.
E. applies to pesticides U.S. manufacturers ship to foreign countries.
Q:
Thermal effluents consist of:
A. heated air discharged into the atmosphere.
B. heated water discharged into rivers and lakes.
C. warm water tides that affect the weather.
D. solid waste that produces heat creating landfill-related pollution.
E. heated pollutants released from gas chambers to the atmosphere.
Q:
The Clean Water Act applies to:
A. navigable intrastate waterways.
B. navigable interstate waterways.
C. navigable interstate and intrastate waterways.
D. navigable and nonnavigable interstate and intrastate waterways.
E. navigable and nonnavigable international waterways.
Q:
The Clean Water Act:
A. sets goals and timetables to eliminate water pollution.
B. directs the EPA to set maximum drinking water contaminant levels.
C. mandates permits to discharge pollutants from non-point source.
D. mandates permits for industrial, but exempts municipal, dischargers.
E. regulates non-point source pollution,
Q:
The _____ approach refers to pollution control system under which the right to discharge a certain pollutant would be auctioned off to the highest bidder.
A. point-source
B. bubble concept
C. cap and trade
D. emissions reduction banking
E. marketable rights
Q:
Under the _____ approach, businesses can cut pollution beyond what the law requires and keep these reductions for their own future use or to sell to other companies as emission offsets.
A. point-source
B. bubble concept
C. cap and trade
D. emissions reduction banking
E. marketable rights
Q:
The _____ approach to pollution control refers to a situation where the government issues a limited number of pollution permits, and companies, which can reduce emissions, can sell the unused amount of a permit.
A. bubble concept
B. point source
C. cap and trade
D. emissions reduction banking
E. marketable rights
Q:
Under the _____ permits issued by the EPA, polluters can engage in a family of alternative operating scenarios without the expensive delay of obtaining new permits per the previous EPA requirements.
A. point
B. single visit
C. work
D. one-way
E. smart
Q:
Today, the estimated time needed to acquire the necessary permits to build a coal-fired electric generating plant is:
A. one to two years.
B. six to nine months.
C. five to ten years.
D. three to four years.
E. two to three years.
Q:
For control purposes, the Clean Air Act amendments divide air pollution into the categories of _____ sources.
A. suburban and rural
B. stationary and mobile
C. commercial and residential
D. urban and industrial
E. organic and inorganic
Q:
Under the _____ concept, the pollution of the plant complex as a whole is the focus of regulation.
A. volume source
B. area source
C. line source
D. point source
E. bubble
Q:
Which of the following is a control device that stationary source polluters may utilize to achieve design standards?
A. Catalytic converters
B. Short stacks
C. Water jets
D. Electromagnetic precipitators
E. Scrubbers
Q:
Environmental impact study scoping refers to:
A. designating specific geographic areas that a contemplated action will affect.
B. estimating the specific population that a contemplated action will affect.
C. designating which environmental issues of a contemplated action are most significant.
D. specifying a backup plan should a contemplated action cause unforeseeable damage.
E. specifying future environmental changes and the necessary corrective action required.
Q:
The director of Homeland Security has exercised authority to create an exception to NEPA requirements to allow the:
A. use of nuclear powered satellites with radiation-leaking radar for observation and surveillance purposes because such radar is significantly more sensitive than radiation-free radar.
B. suspension of Clean Air Act and Clean Water Act restrictions in and around domestic military bases.
C. suspension of Endangered Species Act restrictions when animal and plant life is affected during necessary military training maneuvers.
D. building of a fence between the United States and Mexico.
E. building of nuclear power plants around protected areas of the United States.
Q:
Clean air standards designed to protect against air pollution effects such as injury to property, vegetation, and climate are called:
A. primary air quality standards.
B. secondary air quality standards.
C. principal air quality standards.
D. tertiary air quality standards.
E. premium air quality standards.
Q:
Government regulation of private action under the Clean Air Act is a _____ effort.
A. federal
B. state
C. local government
D. joint federal and state
E. joint federal, state, and local government
Q:
Under the Clean Air Act, the:
A. EPA sets national ambient air quality standards and the states devise implementation plans.
B. states set national ambient air quality standards and the EPA devises implementation plans.
C. EPA sets national ambient air quality standards and also devises the implementation plans.
D. states sets national ambient air quality standards and also devise the implementation plans.
E. states sets national ambient air quality standards and the local governments devise the implementation plans.
Q:
Environmental laws at the federal level are administered by the:
A. EPA.
B. Pollution Control Board.
C. TSCA.
D. EIS.
E. U.S. Chemical Safety and Hazard Investigation Board.
Q:
Environmental laws are under:
A. exclusive federal jurisdiction.
B. exclusive state jurisdiction.
C. both federal and state jurisdiction.
D. the jurisdiction of federal, state, and local governments.
E. exclusive jurisdiction of local governments.
Q:
An environmental impact statement:
A. includes available alternatives to the proposed action.
B. includes positive environmental effects of the proposed action.
C. includes a statement of any reversible use of resources.
D. must be included in most major federal actions significantly affecting the quality of the human environment.
E. must be included in most recommendations or reports on proposals for legislation affecting the environment.
Q:
Environmental impact statements became a requirement based on the:
A. National Environmental Policy Act.
B. Toxic Substances Control Act.
C. Clean Water Act.
D. Marine Protection, Research and Sanctuaries Act.
E. Waste and Resource Reclamation Act.
Q:
The National Environmental Policy Act:
A. establishes a tailor-made policy for each state to encourage productive and enjoyable harmony with nature.
B. imposes specific duties on all state agencies.
C. promotes the understanding of natural resources important to businesses.
D. promotes the understanding of the ecological systems important to the United States.
E. demands that all state agencies prepare an environmental impact statement prior to taking certain actions,
Q:
What are the provisions of the Right to Financial Privacy Act of 1978?
Q:
Mention the warranty guidelines established for consumer product organizations in the Magnuson-Moss Warranty Act.
Q:
What are the areas encompassed by the authority of the Consumer Financial Protection Bureau?
Q:
What is the essential difference between a Chapter 7 and a Chapter 13 bankruptcy?
Q:
What are the two types of petitions that are filed to begin bankruptcy proceedings?
Q:
What are the five powers granted to a trustee in bankruptcy?
Q:
Robert has lost his ATM card and the thief has emptied his bank account. What law governs this situation and what are Robert's potential liabilities?
Q:
Which parties relevant to a delinquent debt collection will be regulated, and which will not be regulated, under the Fair Debt Collection Practices Act (FDCPA)?
Q:
What guidelines as issued by the Fair Debt Collection Practices Act (FDCPA) does a debt collector have to follow in order to contact a debtor?
Q:
There are nine restrictions on loan collector's methods that are declared illegal under the Fair Debt Collection Practices Act. Name them.
There are nine restrictions on loan collector's methods that are declared illegal under the Fair Debt Collection Practices Act. The collector cannot:
Physically threaten the debtor.
Use obscene language.
Q:
What is the legal recourse for a debtor in case of violations of the Fair Debt Collection Practices Act by a collector?
Q:
Name the three major rights given to consumers under the Fair Credit Reporting Act.
Q:
Explain the concept of "user" provisions as mentioned in the Fair Credit Reporting Act.
Q:
What is meant by finance charge? What are the items included in the finance charge?
Q:
What are the transactions that are covered by the Truth-in-Lending Act?
Q:
What information should the financing statement contain apart from the finance charge and annual percentage rate?
Q:
What are the two changes incorporated in the Truth-in-Lending Simplification Act that makes it different from the Truth-in-Lending Act?
Q:
What are the two related ways in which the Federal Trade Commission (FTC) prosecutes businesses for committing unfair or deceptive trade practices?
Q:
What are the chief legal tools of the Bureau of Consumer Protection and how are they enforced?
Q:
What are the situations in which fines related to trade practice violations under the FTC Acts are assessed by the federal court?
Q:
Explain the concept of corrective advertising.
Q:
What remedies are used by the FTC, apart from penalty fines and corrective advertising, to protect consumers in trade regulation cases?
Q:
What five factors does the FTC take into account when looking at an advertisement to determine whether it is deceptive?
Q:
The Consumer Product Safety Commission may do all of the following EXCEPT:
A. issue recalls of products.
B. ban harmful consumer products.
C. research potential product hazards.
D. protect consumers against unsafe food products.
E. develop mandatory and voluntary standards.
Q:
The _____ places constraints on how certain kinds of information collected by the federal government can be used and limits those to whom the information may be released.
A. Fair Credit Reporting Act
B. Fair Debt Collection Practices Act
C. Right to Financial Privacy Act
D. Electronic Communications Privacy Act
E. Privacy Act
Q:
The Children's Online Privacy Protection Act (COPPA):
A. prohibits individuals from browsing Web sites related to children.
B. permits companies to collect information on children under the age of 10 without the consent of the parents in case of children's products.
C. prohibits market research agencies from soliciting children under the age of 10 without the consent of the federal government.
D. prohibits online advertisers from creating advertisements considered injurious to children.
E. prohibits the online collection of information on children under the age of 13 without a parent's consent.
Q:
In what way does the Federal Trade Commission (FTC) exercise its quasi-legislative power? What is the nature and effect of this exercise?
Q:
The Magnuson-Moss Warranty Act applies to all consumer product warranties regarding products priced _____ or more.
A. $10
B. $15
C. $20
D. $25
E. $50
Q:
Under the Electronic Fund Transfer Act, for lost, stolen, or misused automatic teller and check cards (debit cards), the customer is liable for:
A. $600 if reported after two days but before 60 days of consumer's learning of a misuse.
B. amounts over $15 within the consumer's home state if reported within seven business days.
C. $50 if reported within two business days of consumer's learning of a misuse.
D. amounts over $15 within a 100-mile radius of the consumer's home if reported within seven business days.
E. nothing.
Q:
Which of the following is required in order to file a Chapter 13 bankruptcy?
A. Unsecured debts under $360,475 and/or secured debts under $1,081,400.
B. Unsecured debts over $450,000 and/or secured debts over $2,050,000.
C. Debts must simply be in excess of the debtor's assets, regardless of the amount.
D. Assets must simply be in excess of the debtor's debts, regardless of the amount.
E. More than 10 years must have lapsed after the date fixed for the repayment of the debts.