Chapter 46: Environmental Protection (new)

Question 1

abuses leading to regulation

Answer 1

various abuses of environment were too big for traditional state legal system to handle

Question 2

problems in system

Answer 2

• common law remedies limited
• pollution didn’t fit trespass or nuisance laws
• Boomer v Atlantic cement (dust in homes)

Question 3

two types of environmental regulation

Answer 3

1. technology forcing requirements (impossible under current technology)
2. designed to force new inventions, technology limited or based requirements (limit standard to industrial capabilities)

Question 4

clean air act regulates air pollution in 2 ways:

Answer 4

1. mobile sources

2. stationary sources

Question 5

1970 clean air act–mobile sources

Answer 5

1. to be down 90% by ‘75 and later changed to ‘83
2. regulated automobile fuel content and content of additives
3. technology forcing

Question 6

National Ambient Air Quality Standards (NAAQS)

Answer 6

standards for the amount of ambient (airborne) particles by type

Question 7

EPA

Answer 7

sets standards by region

Question 8

clean water act goals from 1972 (4):

Answer 8

1. making waters safe for swimming and recreational use
2. protect types of wildlife relying on waters
3. eliminate dumping in waterways
4. mandate ultimate use of best available controlled technology for point source pollution

Question 9

point-source pollution

Answer 9

discharge of effluent through distinct conduit into a body of water

Question 10

effluent

Answer 10

liquid waste

Question 11

Federal insecticide, fungicide, and rodenticide act (FIFRA)

Answer 11

• requires registration of chemicals
• chemicals are certified only for certain uses
• quantities on food crops are limited

Question 12

resource conservation and recovery act (RCRA)

Answer 12

• regulates hazardous waste
• permit a manifest is required to transport or dispose of hazardous waste
• storage and treatment of hazardous waste also regulated

Question 13

strict liability of potential responsible parties (4):

Answer 13

1. producer (manufacturer)
2. transporter (ex: person who sprayed substance)
3. owner or operator of site at the time (ex: hired company to spray)
4. current owner or operator (client in use)