Test 1

Question 1

Basic Assumption 1

Answer 1

Private businesses. public interest is always in conflict.

Question 2

Earth Day

Answer 2

1970

Question 3

3 branches of gov.

Answer 3

legislative, excecutive, judicial

Question 4

5th Amendment

Answer 4

affords defendants in an env criminal case with numerous protections, including protection against self incrimination

Question 5

Three torts

Answer 5

Negligence, trespass, and nuisance

Question 6

US constitution

Answer 6

outlines the structure and power of each branch of government for the political unit they control

Question 7

4th amendment

Answer 7

protects against unreasonable search and seizure

Question 8

excecutive

Answer 8

makes treaties with other countries
enforces laws
selected by electoral college
appoints supreme justices

Question 9

rose vs. chaiken

Answer 9

case regarding noise pollution from a windmill in a densely populated neighborhood

Question 10

Title 40

Answer 10

where env regulations are typically located

Question 11

elements of administrative law

Answer 11

agency actions are not arbitrary or capricious
must act in accordance with regulation
must maintain a docket
agency decisions may be appealed to the courts

Question 12

statutory law

Answer 12

passed by legislative bodies state or local (congress)

ex: clean air, clean water

Question 13

Administrative law

Answer 13

freedom of info

administrative procedures act

Question 14

constitutional law

Answer 14

out of judicial ruling

did they overreach

Question 15

common law

Answer 15

judge judy case laws

Question 16

senate

Answer 16

acts as a court during impeachments

Question 17

conference commitee

Answer 17

often needed in env law making process to reconcile house and senate versions of bills

Question 18

the owner of a private salvage law could invoke the 5th amendment if prosecuted by the epa

Answer 18

true

Question 19

judicial branch

Answer 19

rule on enforcement of laws

decides what a law means

Question 20

federalism

Answer 20

division of powers

Question 21

EPA on actions

Answer 21

can only take actions such as issuing regulations as specified in the specific statute

Question 22

state env laws can be less stringent than the fed govs

Answer 22

false

Question 23

27,500 per day

Answer 23

what penalties can be for non compliance of many env laws

Question 24

legislative branch

Answer 24

prints money
divided into house and senate
punishes pirates
selected by polar vote
approves presidential appointments
collect taxes

Question 25

Problems are different now

Answer 25

less visible, more global | large sources are control, small are had to identify and plentiful

Question 26

why do regulations look how they do?

Answer 26

legal compliance vs. env performance other ways of doing things (very beaurocratic) belief in limited govt

Question 27

pro regulation

Answer 27

more stringent regulation to protect eh gov

Question 28

anti regulation

Answer 28

too expensive, stifles economic growth, reduces company competitiveness

Question 29

statues

Answer 29

laws created by congress define crimes and penalties found in us code books individual states have their own books

Question 30

The policy cycle

Answer 30

policy formation->policy legitimation->policy implementation->policy evaluation->policy change-->

Question 31

Env Law

Answer 31

Interconnected system that encompasses: | laws, regulations, enforcement, common law, and us constitution

Question 32

US constituation

Answer 32

outlines structure of gov identifies branches and power given no law is valid if it goes against constitution

Question 33

treaties

Answer 33

made by the president when 2/3 vote senate becomes supreme law of the land

Question 34

regulations/enforcement

Answer 34

developed by the spa/by agency or dept of justice

Question 35

Research Conservation and Recovery Act (RCRA)

Answer 35

to protect human health and the env reduce waste and conserve energy and natural resources reduce or eliminate the generation of hazardous waste

Question 36

NEPA section 101b

Answer 36

``` fulfil responsibilities as a trustee of env ensure env safe surroundings widest possible beneficial use of env prservation and maintinence balance between population and resources enhance quality of renewable resources ```

Question 37

Threshold for EIS

Answer 37

is it federal? is it major? substantial commitment of resources Is is significant? significant impact of humans

Question 38

Environmental Assessment

Answer 38

public document to determine if EIS is needed agency must provide evidence for no impact or else eisj