Test 2 - Direct Regulations - Robertson v. Seattle Audubon Soc.

Question 1

What is meant by “direct regulation”? What are they often referred to as and why? What is the limitation?

Answer 1

Setting of standards and mandating compliance through threat of fines for violations; “end-of-pipe regulations,” b/c they tend to concentrate on controlling pollutants toward the end of the manufacturing process; We are shifting away b/c we want fewer pollutants created in the first place (we need preventative rather than after-the-fact)

Question 2

This term means “Government is hands-off;” what is the problem w/ this regarding env. issues?

Answer 2

Laissez-faire; b/c the gov’t was hands off, environmental consequences were not predicted and not prevented (this showed the status of the scientific knowledge at the time)

Question 3

What was the gist of the national env. policy in 1970’s?

Answer 3

First Earth day was celebrated in 1970; creation of EPA; passage of NEPA

Question 4

What was the gist of the national env. policy in 1980’s?

Answer 4

Regan cut funding to EPA, reduced staffs of many agencies; cut funding to DOI; businesses felt less constrained. By end of decade, environmentalists had “indicted” Reagan and congress began to reinforce env. laws.

Question 5

What was the gist of the national env. policy in 1990’s?

Answer 5

Renewed interest; “green” products; 1990-94 produced record #’s of prosecutions & fines for env’l violations; however, increase in more conservation/less willing appointees for env. causes & economy began to slump - Clinton increased env. protection laws & refused to pass any bill w/ anti-env. riders; upon election, Bush removed several of Clinton’s executive orders and allowed anti-env. laws/rules to remain active

Question 6

What are the 3 statutes of the NEPA?

Answer 6

1. Establishes Council on Env. Quality (CEQ)
2. Req’s fed agencies to take env. consequences into account when they make certain decisions
3. Requires EIS be prepared for every major legislative proposal or other fed agency action having a significant impact on the quality of the human envir.

Question 7

Explain winter v. NRDC

Answer 7

Sonar being used extensively by Navy; environmentalists wanted an injunction but lost; marine animals (whales, specifically) are screwed

Question 8

What are the 4 parts of an EIS?

Answer 8

1) statements of env. impacts
2) statement about any unavoidable impacts
3) statement of alt’s to proposed action
4) any irreversible commitments of resources ($$$ down the drain?)

Question 9

This gives states and private entities responsibility of protecting species which may prevent species from being listed as endangered or threatened

Answer 9

Candidate Conservation Agreements (CCA)

Question 10

“An act which actually kills or injures wildlife”

Answer 10

def’n of harm

Question 11

Considered one of the most controversial and effective pieces of envr legislation ever

Answer 11

Endangered Species Act (ESA)

Question 12

This type of tenancy can contain a right to survivorship, but supersedes a will

Answer 12

Joint Tenancy

Question 13

This tenancy is the same as joint tenancy but only if you are married

Answer 13

Tenancy by the entirety

Question 14

This tenancy does not have right to survivorship * can be superseded by a will

Answer 14

Tenancy in Common

Question 15

What is meant by “life estate?”

Answer 15

parents can give property away but can not be kicked out/off.