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Q:
The Sherman Act only applies to entities who have acted in an unreasonable manner.
Q:
A book publisher suggesting a retail price for the latest bestseller is an example of price fixing.
Q:
The per se standard applies to nonprice vertical restraints.
Q:
Every buyer boycotting a supplier that uses child labor to produce their raw materials is committing a per se violation of the Sherman Act.
Q:
The Sherman Act does not prevent an entity from becoming a monopoly.
Q:
The NBA signing an agreement for all the teams to wear a single brand of shoes would not fall under the Sherman Act.
Q:
Circumstantial evidence is not enough to show a meeting of the minds.
Q:
Gas station owners agreeing on the price per gallon is not a violation of the Sherman Act.
Q:
Antitrust legislation was enacted in response to the robber barons of the late 18th century.
Q:
The Robinson-Patman Act requires businesses who are considering mergers that are over a certain dollar amount to give advanced notice to the FTC and Department of Justice.
Q:
Horizontal restraints are restrictions on trade through an agreement with a _______ company.
Q:
Vertical restraints are restrictions where one company colludes with a ________ company.
Q:
The ________ Act was designed to prevent companies from creating monopolies through mergers.
Q:
The Sherman Act prohibits ________ by a business to gain monopoly power.
Q:
The standards courts use to determine violations of the Sherman Act are the rule of reason standard and the ________ standard.
Q:
A _______ is a concerted refusal to deal with a third party.
Q:
________ is an agreement between competitors to divide up markets or geographic regions.
Q:
Vertical price-fixing occurs when a seller attempts to control the resale price at a _______ in the supply chain.
Q:
An agreement between the government and a party that details conditions and compliance measures that a party will follow in exchange for the government not filing suit is called a _____.
Q:
In the case of U.S. v. Colgate, the court found that ________ boycotts do not fall under the Sherman Act.
Q:
An oil tanker crashes off the coast of California. It dumps millions of gallons of oil into the ocean. When investigating the crash, it is suspected that there might be gross negligence on the part of the ship's captain. Is the ship owner liable for the damages? Why or why not?
Q:
The bank is considering making a loan on a piece of property that is home to a chemical factory. There is no evidence of any contamination but the bank is concerned about being liable if there is a chemical spill. Should they be concerned?
Q:
The EPA has identified a new hazardous waste site. What should its initial steps be to clean up the site?
Q:
Discuss the purposes of environmental laws.
Q:
A factory has a permit to emit pollutions at a specified level under the Clean Air Act. As part of upgrading its facilities what must the factory do? What might be their concern?
Q:
The Clean Air Act's market based approach is controversial. What are major arguments for and against this approach?
Q:
A local real estate developer wants to build a new office park on a piece of forested land that is home to many spotted owls, an endangered species. The office park is expected to bring new companies and jobs to the area. You are particular fond of the owls and want to see them thrive. Is there anything that you can do to stop construction?
Q:
Name and discuss the functions of each of the two important environmental water acts.
Q:
Pat recently purchased some property that she knew used to be home to a chemical plant fifty years ago. The plant was removed thirty years ago. Today the property is full of trees and the stream running through it is clear and looks clean. Last month the EPA determined that her property, as well as several neighboring properties, is contaminated. The EPA placed the entire site on the National Priorities List for cleanup. How liable for the hazardous waste is Pat?
Q:
Name and discuss the three different categories that federal agency actions are classified as under the National Environmental Policy Act? Provide an example for each.
Q:
The legislation that established a process for federal agencies for making decisions that may reasonably impact the environment is called:
A.Environmental Protection Act.
B.National Environmental Policy Act.
C.Environmental Decision Impact Act.
D.Clean Air Act.
Q:
In No Spray Coalition, Inc. v. The City of New York, No Spray Coalition filed a lawsuit in New York City to stop the city's program of spraying for mosquitoes to prevent the spread of the West Nile Virus, a potentially fatal disease. The program included both ground and aerial spraying of a potentially hazardous pesticide. No Spray contented that the chemicals were being sprayed in violation of the Clean Water Act (CWA). The court found that:
A.No Spray was not allowed to sue under the citizen suit provision.
B.New York was in violation of the CWA because the pesticides it was spraying entered the city's rivers and navigable water.
C.New York was spraying the pesticides according their labels as approved by the Environmental Protection Agency (EPA) and therefore was permitted under the CWA.
D.The risks of the spread of the West Nile Virus outweighed the risks to the navigable waters and so spraying was therefore permitted.
Q:
The oil spill that resulted in Congress creating the Oil Pollution Act was the:
A.Deepwater Horizon.
B.Gulf Oil Spill.
C.Kirsk.
D.Exxon Valdez.
Q:
The NEPA procedures require that an environmental assessment be performed for actions where:
A.the environmental impact is unknown.
B.the environmental impact is significant.
C.the environmental impact is little.
D.it is required in all instances.
Q:
Under the Clean Air Act (CAA) who determines the best way to achieve National Ambient Air Quality Standards (NAAQS)?
A.Congress
B.the Environmental Protection Agency (EPA)
C.states
D.the National Air Quality Control Agency (NAQCA)
Q:
An environmental impact statement is required by the NEPA in instances where:
A.the environmental impact is unknown.
B.the environmental impact is significant.
C.the environmental impact is little.
D.it is required in all instances.
Q:
When is a categorical exclusion for an action available under NEPA?
A.the environmental impact is unknown
B.the environmental impact is significant
C.the environmental impact is little
D.it is required in all instances
Q:
The Colorful Paint Company got a mortgage from the bank to purchase a factory to make paint. As part of their manufacturing process the Colorful Paint would dump the excess paint into a pit behind the building. This practice contaminated the property. If the bank foreclosed on the factory, would they be liable for cleanup costs of the contaminated land?
A.no because they were innocent landowners
B.no because they did not contaminate the property
C.no because they were secured creditors
D.yes because they own the property
Q:
Which of these is not a reason listed in the chapter as a purpose for environmental protection statutes?
A.protect wildlife and endangered species
B.promote clean air and water through regulation and permitting
C.ensure that businesses have no impact on the environment
D.ensure that government agencies make as minimal an impact as possible on the environment
Q:
The National Park Service is considering expanding one of their ranger stations at Yellowstone National Park. The ranger station is located on a side of mountain and is primarily used for tracking animal populations. The National Park is unsure what the expansion would to do to the environment. Before they are able to start construction they must categorize the expansion under NEPA as:
A.no category required.
B.environmental impact statement.
C.categorical exclusion.
D.environmental assessment.
Q:
Which of these is not a way that the Environmental Protection Agency (EPA) enforces its regulations?
A.criminal complaints
B.permits
C.administrative fines
D.mandatory arbitration
Q:
Which of these is not regulated through the Transport and Air Quality Program?
A.tailpipe emissions
B.distance that semi-trucks may travel in one day
C.performance standards
D.composition of fuel
Q:
The Clean Air Act's tailpipe emissions standards are set by:
A.each state adopts their own standards.
B.each state may choose between federal or California's standards.
C.each state must use the federal standards.
D.the car manufactures set the emission standards.
Q:
The Toxic Substance Control Act (TSCA) does which of the following:
A.gives the FDA broad jurisdiction in controlling risks from manufacturing, processing, use, and disposal of chemical compounds.
B.gives the state legislatures broad jurisdiction in controlling risks from manufacturing, processing, use, and disposal of chemical compounds.
C.gives the EPA broad jurisdiction in controlling risks from manufacturing, processing, use, and disposal of chemical compounds.
D.gives the EPA limited jurisdiction in controlling risks from manufacturing, processing, use, and disposal of chemical compounds.
Q:
The Resource Conservation and Recovery Act (RCRA) regulates:
A.the environmental impact of coal mining and logging.
B.active and future facilities that produce solid waste and hazardous materials.
C.community recycling programs across the country.
D.none of the above.
Q:
When filing a citizen suit, a private citizen or organization must:
A.be authorized by statute.
B.be authorized by statute and not profit from the enforcement action.
C.be an established environmental protection group.
D.have permission from the EPA to sue.
Q:
The Safe Water Drinking Act (SDWA) does not apply to which of these water sources?
A.lakes
B.rivers
C.oceans
D.subsurface wells
Q:
In Goodrich Corp. v. Town of Middlebury there were two public landfills that were designated as Superfund sites. The principally responsible parties formed a coalition to sue several municipalities for assistance in cleanup costs. During the litigation, a special master was appointed to determine which parties contributed how much waste. When the case went to trial, the district court chose not to follow the determinations of the special master and determined themselves the liability of the municipalities. The decision was appealed. The appellate court determined that disregarding the special master's determination of liability was:
A.permissible for the district court because it was within its rights to determine the municipalities more liable than the special master determined.
B.not permissible because the district court was legally bound by the Superfund to accept the liability findings of the special master.
C.permissible because the special master should not have been appointed.
D.not permissible because there was no error of law in the determination of liability.
Q:
Which of these is not a class of principally responsible parties (PRP) under the Superfund?
A.current owners
B.previous owners
C.owners at the time when the hazardous substances were disposed on the site
D.business that accepted hazardous substance for transportation to the site and selected the site
Q:
What is one of the main criticisms of the Superfund laws according to the critics?
A.taxpayers fund too much of the cleanup costs
B.it is too difficult to determine who is responsible for contamination
C.does not halt further environmental damage from toxic waste sites
D.transporters of hazardous waste should not be held liable for transporting the materials
Q:
If a piece of land has long-term contamination, what is the EPA required to do first under the Superfund?
A.determine the best way to decontaminate the site
B.access the toxicity of the site
C.allocate liability for contamination
D.determine if the site should be placed on the National Priorities List
Q:
What legislation amended the Comprehensive Environmental Response Compensation and Liability Act (CERCLA)?
A.Revised Environmental Response Compensation and Liability Act (RERCLA)
B.National Environmental Policy Act (NEPA)
C.Superfund Amendments and Reauthorization Act (SARA)
D.Resource Conservation and Recovery Act (RCRA)
Q:
Regulations that set out the average mile per gallon requirements for vehicles are properly called?
A.Liquid Energy Efficiency Requirements
B.Fuel Efficiency Standards
C.Corporate Average Fuel Economy Standards
D.Motor Vehicle Standards
Q:
Actions by which of these would fall under the National Environmental Policy Act (NEPA)?
A.Joe Jackson, a private citizen
B.Colorful Paint Company, a business
C.New York's Department of Transportation
D.Food and Drug Administration
Q:
The Superfund law addresses hazardous substance cleanup through which of these ways?
A.removal and remedial actions
B.removal, remedial and prevention actions
C.removal actions
D.remedial actions
Q:
Which of the following is not a major federal environmental law?
A.Clean Air Act
B.Clean Land Act
C.Clean Water Act
D.Safe Drinking Water Act
Q:
George wants to buy an old chemical factory in the warehouse district of town. He plans to take advantage of the upcoming neighborhood and turn the building into expensive lofts. After purchasing the property and starting renovations, he discovers that the land is contaminated with hazardous chemicals. He contacts the EPA to create a cleanup plan. When allocating liability and cleanup costs the EPA determines that George is:
A.not liable because he did not own the land when it was contaminated.
B.not liable because the chemical factory owners contaminated the property.
C.liable because he is the owner of the contaminated property.
D.liable because he should have conducted all reasonable inquiries into the previous ownership to determine if any contamination is present.
Q:
Who sets the water quality standards for the navigable waters in a state under the Clean Water Act (CWA)?
A.states
B.Congress
C.the Waterways Protection Agency
D.the U.S. Army Corps of Engineers
Q:
Which of these is not one of the primary reasons for the creation of environmental statutes?
A.protection of wildlife
B.ensure that government agency decisions had minimal environmental impact
C.standardize environmental protections across the country
D.protect an individual's personal property rights from environmental nuisances
Q:
The Environmental Defense Fund, an environmental watchdog group, files a lawsuit to prevent future open pit coal mining in West Virginia. This type of lawsuit is known as a:
A.wrongful damage suit.
B.citizen suit.
C.nuisance suit.
D.negligence suit.
Q:
Property owners of contaminated land are not exempt from liability for cleanup even if they bought the property unaware of pollution.
Q:
The Clean Air Act (CAA) is an uncontroversial statute.
Q:
There is no federal requirement for businesses to disclose the presence of certain chemicals to their community.
Q:
Banks that become owners of contaminated property through foreclosure are not liable for cleanup costs.
Q:
A market-based approach does not give a business options about how to comply with pollution standards.
Q:
Short-term contamination sites are not placed under the Superfund laws.
Q:
Car performance standards are regulated by the EPA.
Q:
The Clean Air Act requires a new permit when minor modifications are made to a plant by a current permit holder.
Q:
Existing sources of pollution are required to install the best available technology to obtain a permit to release substances into a water source.
Q:
Only property owners are liable for cleanup costs of contaminated sites under the Superfund laws.
Q:
The Superfund requires that all states have emergency procedures in place in the event of a chemical spill.
Q:
The Environmental Impact Statement (EIS) is a procedural requirement for all actions that might impact the environment.
Q:
Most states do not have laws that require state and local governments to consider the environmental impacts of their decisions when taking actions that might reasonably affect the environment.
Q:
Citizen suit provisions are rare in federal and state environmental statutes.
Q:
The EPA may enforce its rules and regulations through criminal prosecutions.
Q:
The National Environmental Policy Act (NEPA) focuses on achieving results like clean air and water.
Q:
The Endangered Species Act (ESA) is administered by the Department of Commerce and the Department of the Interior.
Q:
For situations where there is an immediate threat of hazardous materials release, the Superfund does not require immediate removal.
Q:
Government officials do not negotiate with principally responsible parties to figure out their contribution towards cleaning up polluted sites.
Q:
The National Environmental Policy Act (NEPA) process does allow for public notice so that a citizen may influence an agency's decision.