MGMT 311 Exam 3 - FLASHCARDS - Chapter 25

Question 1

What is it called if a person may be liable if they use their property in a manner that unreasonably interferes with other’s rights to use or enjoy their own property?

Answer 1

Nuisance

Question 2

What is private nuisance?

Answer 2

a nuisance that violates a private right not common to the public or causes damage to a limited number of individuals.

Question 3

What is public nuisance?

Answer 3

If the harm is to the public at large, than generally a public authority will seek relief for the public nuisance

Question 4

You have owned for a few years and live on 10 acres outside city limits. The 50 acre tract behind you sells and the new owner starts a hog operation. During the summer months, the smell is so strong you can barely stand to be in your own home. What type of nuisance is this?

Answer 4

Private nuisance. The plaintiff shows he suffers harm to his property rights separate and distinct from that suffered by others

Question 5

What do you get in a private nuisance case?

Answer 5

Money damages because you can no longer enjoy your property or an injunction to stop the pig operation and force them to move

Question 6

Factory in your town causes townspeople to suffer from illnesses due to smoke inhallation and property damages from vibrations of the factory machinery. However, the economy of the town depends on the factory. What type of nuisance is this?

Answer 6

Public nuisance

Question 7

What is a theory of negligence or strict liability (depending on the circumstances) against those who pollut the environment with toxic substances?

Answer 7

Toxic tort

Question 8

What is the overseer of federal regulatory law for the environement?

Answer 8

EPA

Question 9

If major federal action takes place that significantly affects the environment, what must an agency issue?

Answer 9

An environmental impact statement

Question 10

What statute created the EPA?

Answer 10

Clean Air Act

Question 11

What does the EPA pass regulations on?

Answer 11

Stationary sources of air pollution such as power plants
Mobile sources of air pollution such as cars

Question 12

What is the dollar amount for violations of the Clean Air Act?

Answer 12

$25,000 per day

Question 13

What is the dollar amount for failure to maintain proper records?

Answer 13

$5,000 per day

Question 14

What are criminal penalties for violation of the Clean Air Act?

Answer 14

Fines and jail time

Question 15

What amount of money do citizens earn for reporting violations of the Clean Air Act?

Answer 15

$10,000

Question 16

What is the fine amount for criminal penalties under the Clean Air Act?

Answer 16

Up to 1 million

Question 17

What act limits discharges of pollutants into water used for navigation, swimming, or recreation?

Answer 17

Clean Water Act

Question 18

True or false: dollar fine penalties for the clean water act are similar to those of the clean air act?

Answer 18

TRUE

Question 19

What act empowers the EPA to set maximum levels for pollutants in public water systems?

Answer 19

Safe Drinking Water Act

Question 20

What statement must suppliers of drinking water send to households?

Answer 20

Levels of contaminants in water
Possible health concerns
Source of water

Question 21

What act regulates the transportation and dumping of pollutants into ocean waters?

Answer 21

Ocean Dumping Act

Question 22

What act creates liability for damages to natural resources, private property, and local economies caused by the discharge of oil into water or shore?

Answer 22

Oil Pollution Act

Question 23

What regulates the cleanup of disposable sites dealing with toxic chemicals?

Answer 23

Superfund

Question 24

What are the four responsible parties for superfund?

Answer 24

1. The person who generated the waste disposed of at the site
2. The person who transported the waste
3. The person who owned or operated the site at the time of disposal
4. The current owner or operator of the site

Question 25

What was West Virginia v EPA?

Answer 25

West Virginia v. EPA held that the Environmental Protection Agency (EPA) lacks authority under the Clean Air Act to impose emissions gaps by shifting electricity production from higher-emitting to lower-emitting producers.

Question 26

What was the EPA’s plan?

Answer 26

CPP

Question 27

Know west virginia v EPA

Answer 27

Capping carbon dioxide emissions will force a nationwide ______