Ch 17

Question 0

How do courts evaluate nuisance

Answer 0

Courts balance equities btw/ harm caused by pollution

And costs of stopping

Question 1

Nuisance

Answer 1

Common law doctrine

persons may be held liable for using their property in manner
that unreasonably interferes w/ others rights to use/enjoy
Their property

Question 2

Toxic tort

Answer 2

Civil wrong arising from exposure to toxic substance

Ex. Asbestos, radiation, hazardous waste

Question 3

Injured party may sue business polluter in tort under…

Answer 3

Negligence or strict liability theories

Question 4

Primary federal agency regulating environmental law?

Answer 4

US environmental protection agency (EPA)

Question 5

Environmental Impact Statement

Answer 5

Statement required by the National Environmental Policy
Act for any major federal action that has major effect on
Quality of environment

Statement must analyze the action’s impact on environment
And explore alternative actions that might be taken

Question 6

Mobile sources of pollution

Answer 6

Automobiles and other vehicles

Question 7

What do individuals and groups who oppose regulations often do?

Answer 7

File lawsuits to attempt to prevent an agency from taking

Regulatory action

Question 8

Stationary sources

Answer 8

Include manufacturing plants

Question 9

Hazardous air pollutants (HAPs)

Answer 9

189 substances classified as harmful under the Clean
Air Act, have strict pollution control regulations imposed

Include asbestos, benzene, vinyl chloride

Question 10

Wetlands

Answer 10

Water-saturated areas of land that are designated by
government agency as protected areas that support wildlife

Can’t be filled or dredged by private parties without permit

Question 11

Safe drinking water act 1974

Answer 11

Requires EPA to set maximum levels for pollutants in

Public water systems

Question 12

Toxic Substances Control Act 1976

Answer 12

Regulates toxic substances

Question 13

Resource Conservation Recovery Act (1976)

Answer 13

Requires EPA to determine which forms of waste are
Considered hazardous + establish regulations to monitor
And dispose

Producers of hazardous waste must label package properly
For any waste to be transported

Question 14

Potentially responsible party (PRP)

Answer 14

Party liable for costs of cleaning up hazardous waste
Disposal site under Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA)

Question 15

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) 1980 AKA Superfund

Answer 15

Regulates cleanup of leaking hazardous waste disposal sites

Question 16

4 Potentially Responsible Parties

Answer 16

1 person who generated waste disposed on site
2 person who transported wastes to site
3 person who owned/operated site at time of disposal
4 current owner/operator