MGMT 311 Exam 3 - FLASHCARDS - Chapter 25
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?
Nuisance
What is private nuisance?
a nuisance that violates a private right not common to the public or causes damage to a limited number of individuals.
What is public nuisance?
If the harm is to the public at large, than generally a public authority will seek relief for the public nuisance
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?
Private nuisance. The plaintiff shows he suffers harm to his property rights separate and distinct from that suffered by others
What do you get in a private nuisance case?
Money damages because you can no longer enjoy your property or an injunction to stop the pig operation and force them to move
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?
Public nuisance
What is a theory of negligence or strict liability (depending on the circumstances) against those who pollut the environment with toxic substances?
Toxic tort
What is the overseer of federal regulatory law for the environement?
EPA
If major federal action takes place that significantly affects the environment, what must an agency issue?
An environmental impact statement
What statute created the EPA?
Clean Air Act
What does the EPA pass regulations on?
Stationary sources of air pollution such as power plants
Mobile sources of air pollution such as cars
What is the dollar amount for violations of the Clean Air Act?
$25,000 per day
What is the dollar amount for failure to maintain proper records?
$5,000 per day
What are criminal penalties for violation of the Clean Air Act?
Fines and jail time
What amount of money do citizens earn for reporting violations of the Clean Air Act?
$10,000
What is the fine amount for criminal penalties under the Clean Air Act?
Up to 1 million
What act limits discharges of pollutants into water used for navigation, swimming, or recreation?
Clean Water Act
True or false: dollar fine penalties for the clean water act are similar to those of the clean air act?
TRUE
What act empowers the EPA to set maximum levels for pollutants in public water systems?
Safe Drinking Water Act
What statement must suppliers of drinking water send to households?
Levels of contaminants in water
Possible health concerns
Source of water
What act regulates the transportation and dumping of pollutants into ocean waters?
Ocean Dumping Act
What act creates liability for damages to natural resources, private property, and local economies caused by the discharge of oil into water or shore?
Oil Pollution Act
What regulates the cleanup of disposable sites dealing with toxic chemicals?
Superfund
What are the four responsible parties for superfund?
- The person who generated the waste disposed of at the site
- The person who transported the waste
- The person who owned or operated the site at the time of disposal
- The current owner or operator of the site
What was West Virginia v EPA?
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.
What was the EPA’s plan?
CPP
Know west virginia v EPA
Capping carbon dioxide emissions will force a nationwide ______
