Final

Question 1

Regarding the guys with pizza…

Answer 1

Procedural Due Process

Question 2

In addition to the criteria discussed in the DuPont case, you might urge the court to also consider this in deciding whether to admit the summary into the record.

Answer 2

The reliability of the underlying data

Question 3

A regulation that states “you must maintain your wastewater treatment plant in god working order” might violate this constitutional principle?

Answer 3

Substantive Due Process

Question 4

Which of the following was not a factor identified by the Court in the Dupont case to be considered in admitting scientific evidence to be considered by a jury?

Answer 4

Whether the technique is based upon a natural science

Question 5

In order to avoid a species being listed as threatened or endangered within its jurisdiction a state might develop one of these.

Answer 5

Habitat conservation plan

Question 6

Your best friend from childhood has inherited 500 acres from his grandfather. He tells you that he has been offered $4,000/acre for a conservation easement to protect habitat of the golden cheeked warbler. The conservation easement is for 150 acres of his 500-acre tract. Because of your great knowledge in the area of environmental regulation, he asks you if there is anything he should do before selling the easement. What might you advise him to do?

Answer 6

Obtain a safe harbor agreement from the appropriate agency

Question 7

Section 5.011 of the Texas Water Code creating the TCEQ states that the agency shall have jurisdiction over “the issuance of water rights permits, water rights adjudication, cancellation of water rights, and enforcement of water rights.” This is an example of what kind of power?

Answer 7

Explicit or expressed power

Question 8

Provide two reasons that a state agency might use Civil Enforcement instead of Administrate Enforcement in pursuing a violation of one of its rules.

Answer 8

Higher Penalties/Injunctive/Long Arm Jurisdiction

Question 9

Goals of enforcement?

Answer 9

• Encourage future compliance
• Change conduct
• Punishment

Question 10

Of the three common types of air emissions control technology discussed in class, which is used to control particulate matter in the emissions?

Answer 10

Bag House

Question 11

At what point are a person’s groundwater rights fully vested?

Answer 11

When reduced to possession

Question 12

The allocation of state water in Texas is based upon this system.

Answer 12

Prior Appropriation

Question 13

Negligence

Answer 13

Duty, Breach of duty, Proximate Cause, Damages

Question 14

Fraud

Answer 14

Material misrepresentation

Question 15

Trespass

Answer 15

You or your stuff is on my property

Question 16

Nuisance

Answer 16

Interfering with someone’s use or enjoyment of their property

Question 17

You and the Board have made the decision as discussed in number 29 above. Now the determination must be made as to exactly what will be include in the EIS. This process of determining what will be included in the EIS is called

Answer 17

Scoping

Question 18

How do we end up with biodiversity?

Answer 18

Random variations, natural selection

Question 19

What makes a species more likely to become endangered?

Answer 19

Size, gestation period/reproductive rates, reductions in range

Question 20

Main method for preserving biodiversity in the U.S.?

Answer 20

1. Endangered Species Act
   - U.S. Fish and Wildlife
   - National Marine Fisheries Service

Question 21

Main goal of workplace safety?

Answer 21

To protect against known hazards in a given workplace

Question 22

What is the first rule of PPE?

Answer 22

If you don’t wear it, it won’t protect you.

Question 23

Various components of workplace safety?

Answer 23

PPE
Label
Operating procedures
Whistleblower
Engineering controls
Training

Question 24

MSDS

Answer 24

Right to know

Question 25

3 things needed for label?

Answer 25

1. Provide efficacy data
2. Submit env. fate data
3. Submit human health data

Question 26

Policy serves as a how to…

Answer 26

Guard against liability for agency

Question 27

Sample collection?

Answer 27

**Must be collected in right order**
Vegetation
Water
Soil
Clothing
Swab

Question 28

What are the four general philosophies or justification that describe how to regulate or protect the environment?

Answer 28

Aesthetic, Moral, Ecological, Utilitarian

Question 29

If the four justifications or philosophies described above, which is most likely to be accepted by the Board of Directors of a large mining company?

Answer 29

Utilitarian

Question 30

How to deal with industrial env. issues?

Answer 30

Treaties (I.e. Texas Mexico Water Compact, Kyoto Protocol)

Question 31

Problems with Treaties?

Answer 31

Hard to enforce, not very helpful if everyone doesn’t participate, reliability of data