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Q:
It is not within the rights or authority of shareholders to file global warming related resolutions directing board members or officers to analyze and/or report on environmental issues.
Q:
What problem does the Kyoto Protocol address and what conclusions were reached?
Q:
What can a private citizen do to force a private polluter to comply with the Clean Air and Clean Water Acts?
Q:
What reforms to the Superfund law have been proposed?
Q:
Under the Resource Conservation and Recovery Act, what are the obligations of a generator of wastes?
Q:
In Cooper Industries, Inc. v. Aviall Services, Inc., Aviall had purchased land from Cooper and then discovered that both had caused the land to be polluted. Although neither the state nor federal government had brought action against either Aviall or Cooper, Aviall cleaned up the site and sued Cooper for contribution. How did the court address the issue of contribution?
Q:
What is "emissions control banking" and how is it used?
Q:
How is the bubble concept different from the point source concept when measuring pollution emissions?
Q:
Explain how the "prevention of significant deterioration" policy under the Clean Air Act works and why it is criticized by some.
Q:
Describe the Clean Water Act sequence for cleanup of industrial wastes discharged into rivers and streams.
Q:
What are the components of the environmental impact statement and when are they required?
Q:
The Clean Water Act applies to:A.Navigable intrastate waterways.B.Navigable interstate waterways.C.Navigable interstate and intrastate waterways.D.Navigable and nonnavigable interstate and intrastate waterways.
Q:
Tort law attacks the pollution problem using the established theories of:
A.Nuisance and trespass.
B.Negligence.
C.Strict liability.
D.All of the above.
Q:
A private citizen:
A.Can report violations of environmental law to the EPA, but cannot act directly.
B.Can in most cases, sue polluters directly to enforce compliance with environment law.
C.Can sue the EPA to force the adoption of regulations.
D.B and C.
Q:
The Director of Homeland Security has exercised authority to create an exception to NEPA requirements to allow:
A.The use of nuclear powered satellites with radiation leaking radar for observation and surveillance purposes because such radar is significantly more sensitive than radiation free radar.
B.The suspension of Clean Air Act and Clean Water Act restrictions in and around domestic military bases.
C.The suspension of Endangered Species Act restrictions when animal and plant life is affected during necessary military training maneuvers.
D.The building of a fence between the United States and Mexico.
Q:
If a bank forecloses on land that is contaminated:
A.The previous owner will be solely responsible for the clean up.
B.The bank can re-sell the property and have liability for clean up.
C.The bank becomes responsible, at least in part, for the clean up.
D.The bank cannot foreclose on a Superfund site.
Q:
Under the Clean Air Act:
A.The EPA sets national ambient air quality standards and the states devise implementation plans.
B.The states set national ambient air quality standards and the EPA devises implementation plans.
C.The EPA sets national ambient air quality standards and the EPA devises implementation plans.
D.The states sets national ambient air quality standards and the states devise implementation plans.
Q:
Which of the following is not a control devise that stationary source polluters may utilize to achieve design standards?
A.Scrubbers.
B.Short stacks.
C.Electrostatic percipitators.
D.Afterburners.
Q:
Under Superfund, the costs for restoring land to its previous condition is called:
A.Reformation.
B.Remediation.
C.Rehabilitation.
D.Reconstruction.
Q:
The primary purpose of the Toxic Substances Control Act is:
A.To force an early evaluation of suspect chemicals before they become economically important.
B.Slow down the introduction of new chemicals to encourage the use of already established chemicals.
C.To prevent the shipment of unsafe chemicals to foreign countries.
D.To create an organic environment for agriculture.
Q:
Under the Resource Conservation and Recovery Act, a generator of wastes is obligated to:
A.Provide on site disposal of the waste.
B.Determine itself whether its wastes qualify as hazardous.
C.Reduce toxic production to 1990 levels by the year 2000.
D.Produce no new chemicals.
Q:
Environmental impact statements became a requirement based on the:
A.National Environmental Policy Act.
B.Toxic Substances Control Act.
C.Clean Water Act.
D.Marine Protection, Research and Sanctuaries Act.
Q:
Opinion research indicates that the public's highest concern regarding regulation of industry is:
A.Expansion of industry into protected areas.
B.Control of toxic and hazardous chemicals.
C.Movement of industry to less-regulated countries.
D.Land use in national parks.
Q:
The primary federal effort in solid waste management is the ________.
A.Waste and Resource Reclamation Act.
B.Solid Waste Disposal Act.
C.Landfill Management Act.
D.National Environmental Policy Act.
Q:
The federal role in non-toxic waste management is:
A.To provide strict guidelines to landfill composition.
B.To promote research and provide technical and financial assistance to the states.
C.To waive standards regarding other pollution that arises as a result of solid waste management.
D.All of the above.
Q:
A typical landfill has:
A.50% paper.
B.20% plastic.
C.10% disposal diapers.
D.15% metal.
Q:
In Metropolitan Edison Company v. People Against Nuclear Energy, Edison had prepared an impact study pursuant to the reopening of the Three Mile Island nuclear power plant in Harrisburg, PA. PANE sued because the impact statement did not address which of the following issues?
A.The increase in low level radiation in the area.
B.The increased fog in the Harrisburg area due to the operation of the cooling towers.
C.The psychological harm that the reopening of the reactor would have on the community.
D.The risk of a nuclear explosion.
Q:
Under the Endangered Species Act, who can declare a species to be endangered?
A.The director of the EPA.
B.Governors of states where the species habitat is located
C.Secretary of the Interior.
D.President.
Q:
The Endangered Species Act is administered by:
I. The Fish and Wildlife Services
II. The EPA
III. The National Marine Fisheries Services
A.I.
B.II and III.
C.I and III.
D.I, II and III.
Q:
For control purposes, the Clean Air Act amendments divide air pollution sources into the following two categories:
A.Primary and secondary.
B.Fixed and derivative.
C.Principal and portable.
D.Stationary and mobile.
Q:
Total solid wastes produced yearly in the U.S. are almost ________ for every individual.
A.25 lbs.
B.50 lbs.
C.25 tons.
D.50 tons.
Q:
High carbon dioxide levels which lead to warmer global temperatures create the:
A.Hothouse effect.
B.Greenhouse effect.
C.Ozone diminishment effect.
D.Ozone decay effect.
Q:
In Massachusetts v. Environmental Protection Agency, the court defined the authority of the EPA saying that:
A.The Clean Air Act is unambiguous in giving the EPA authority to regulate any air pollution agent that enters the ambient air.
B.The Clean Air Act specifically excludes carbon dioxide from the gasses that the EPA regulates.
C.The EPA has absolute authority to determine which air pollutants to investigate and regulate so even if appearing to act arbitrary or capricious, they may not be sued for failure to act.
D.Before a plaintiff may sue the EPA for failure to act, the plaintiff must provide clear and convincing evidence that the regulation sought is necessary to protect the environment.
Q:
Today, the estimated time needed to acquire the necessary permits to build a coal-fired electric generating plant is:
A.1 to 2 years.
B.6 to 9 months.
C.5 to 10 years.
D.3 to 4 years.
Q:
Environmental laws are under:
A.Exclusive federal jurisdiction.
B.Exclusive state jurisdiction.
C.Both federal and state jurisdiction.
D.Exclusive jurisdiction of the EPA which independent and not reporting to either federal or state authority.
Q:
Thermal effluents consist of:
A.Heated air discharged into the atmosphere.
B.Heated water discharged into rivers and lakes.
C.Warm water tides that affect the weather.
D.Solid waste that produces heat creating landfill related pollution.
Q:
Legislation in the area of toxic and hazardous substances is divided into each of the following except:
A.Disposal.
B.Maintenance.
C.Use.
D.Cleanup.
Q:
For control purposes, the Clean Air Act amendments divide air pollution into the categories of ________ source.
A.Urban and natural.
B.Stationary and mobile.
C.Industrial and residential.
D.Pre-market and after-market.
Q:
Environmental impact study scoping is:
A.Designating specific geographic areas that a contemplated action will affect.
B.Estimating the specific population that a contemplated action will effect.
C.Designating which environmental issues of a contemplated action are most significant.
D.Specifying a backup plan should a contemplated action cause unforeseeable damage.
Q:
A factory's failure to use pollution control equipment may be evidence of its failure to exercise ________ resulting in evidence of negligence.
A.Due diligence.
B.Due care.
C.Reasonable diligence.
D.Reasonable care.
Q:
Which of the following countries uses more pollutants than any other country in the world?
A.France.
B.United States.
C.Sweden.
D.China.
Q:
An environmental impact statement must include:
A.Available alternatives to the proposed action.
B.Adverse environmental effects of the proposed action.
C.A statement of any irreversible use of resources.
D.All of the above.
Q:
Estimates run as high as ________ during the next 50 years to clean up the nation's hazardous waste sites.
A.$50 million.
B.$500 million.
C.$50 billion.
D.$500 billion.
Q:
The Comprehensive Environment Response and Liability Act:
A.Permits punitive damages for compliance.
B.Requires notification for authorized release of hazardous substances.
C.Established the Superfund.
D.All of the above.
Q:
The Federal Insecticide, Fungicide, and Rodenticide Act:
A.Requires registration and labeling of agricultural pesticides.
B.Requires licensing of operators using pesticides.
C.Prohibits the use of pesticides near schools.
D.All of the above.
Q:
The Clean Water Act:
A.Sets goals and timetables to eliminate water pollution.
B.Directs the EPA to set maximum drinking water contaminant levels.
C.Requires a permit to dump various materials into the seas.
D.All of the above.
Q:
Clean air standards designed to protect against air pollution effects such as injury to property, vegetation and climate are called:
A.Primary standards.
B.Secondary standards.
C.Principal standards.
D.Derivative standards.
Q:
The National Environmental Policy Act:
A.Establishes broad policy goals.
B.Imposes specific duties on all federal agencies.
C.Sets up the Council on Environmental Quality.
D.All of the above.
Q:
Environmental laws at the federal level are administered by:
A.The EPA.
B.The Pollution Control Board.
C.State agencies.
D.The EIS.
Q:
Ambient air refers to:
A.Indoor air.
B.Outdoor air.
C.Both indoor and outdoor air.
D.Air that is already polluted that needs to be cleansed.
Q:
________ of the world's population uses more than half of its polluting energy.
A.10%.
B.15%.
C.20%.
D.25%.
Q:
The destruction of the world's rainforests is occurring primarily on privately owned land because it is more difficult to enforce the laws in private property ownership cases.
Q:
Ozone depleting fluorocarbons and halons are no longer in production.
Q:
Banks that hold a mortgage on land that turns out to have a toxic waste site subject the Superfund rules are not liable for the cleanup.
Q:
The Resource Conservation and Recovery Act assures proper hazardous waste disposal through the manifold system.
Q:
As of 2008, there are approximately 2000 species of animals and plants listed as endangered or threatened.
Q:
Landfills are the primary disposal site for household solid waste, but not business solid waste.
Q:
Which parties relevant to a delinquent debt collection will be regulated, and which will not be regulated, under the Fair Debt Collection Practices Act?
Q:
What is the essential difference between a Chapter 7 and a Chapter 13 bankruptcy?
Q:
There are nine restrictions on loan collector's methods that are declared illegal under the Fair Debt Collection Practices Act. Name five of them.
Q:
Name the three major rights given to consumers under the Fair Credit Reporting Act.
Q:
What is a Truth-in-Lending Act required finance charge and what items are included in the finance charge?
Q:
In what way does the Federal Trade Commission exercise its quasi-legislative power? What is the nature and effect of this exercise?
Q:
Robert has lost his ATM card and the thief has emptied his bank account. What law governs this situation and what are Robert's potential liabilities?
Q:
What are the five powers granted to a trustee in bankruptcy?
Q:
What is the purpose of the Privacy Act of 1974?
Q:
What five factors does the FTC take into account when looking at an advertisement to determine whether it is deceptive?
Q:
The Truth-in-Lending Simplification Act:I. " Eliminated statutory penalties for purely technical violations of the Truth-in-Lending ActII. " Required the Federal Reserve Board to issue model disclosure forms.III. " Redefined the necessary items to be included in a finance statement.A.I and II.B.I and III.C.II and III.D.I, II and III.
Q:
Which of the following is not a remedy which might be sought by the FTC through court action?
A.Rescission of contract.
B.Payment of damages to consumers.
C.Criminal sanctions.
D.Public disclosure and notice of the trade practice violations.
Q:
KAM Corp. has developed a crème that when rubbed on the forehead makes wrinkles smooth out for 8 hours. The crème also has been tested and there are no side effects. When KAM advertises their new crème, they state that it "smoothes wrinkles without side effects for 12 hours". They also state that it also "makes you smarter and able to retain anything you read once, for the same 12 hours". This last statement is blatantly false and meant as a joke. This advertisement is placed in 50 magazines and newspapers nationwide. Your entire class smears layers of the crème on their foreheads, read their books and notes once and proceed to fail the final exam the next day. The class complains to the FTC.
A.Since most of the advertisement is correct and a reasonable consumer will easily recognize that a crème can't make you instantly smarter, there is no FTC violation.
B.The FTC can assess a $10,000 fine for the false ad.
C.The FTC can assess a $500,000 fine for the false ad.
D.The FTC can assess a $500,000 fine for the false ad and require the publication of corrective advertising.
Q:
Upon request by the FTC, the federal courts may assess fines for each of the following except:
A.Violation of a consent or cease and desist order.
B.Violation of a trade regulation rule.
C.Knowingly violating a prior FTC order against others.
D.Any instance of advertising that may confuse the general public.
Q:
The total cost of a loan to a consumer is called the:
A.Annual percentage rate.
B.Funding charge rate.
C.Finance charge.
D.Service charge.
Q:
Which of the following is required in order to file a Chapter 13 bankruptcy?
A.Unsecured debts under $308,000 and/or secured debts under $923,000.
B.Unsecured debts over $308,000 and/or secured debts over $923,000.
C.Debts must simply be in excess of the debtor's assets, regardless of amount
D.Assets must simply be in excess of the debtor's debts, regardless of amount.
Q:
Most cases brought by the Bureau of Consumer Protection are settled using:
A.Cease and desist orders.
B.Arbitration.
C.Mediation.
D.Consent orders.
Q:
When the Bureau of Consumer Protection prosecutes a violator for violation of the FTC, the violator is called a/an:
A.Respondent.
B.Defendant.
C.Appellant.
D.Plaintiff.
Q:
Scarlet is delinquent on her car loan. The debt collector hired by the bank has called her and has used obscene language while talking with her. Scarlet is annoyed but has suffered no actual damages. Under the Fair Debt Collection Practices Act, the debt collector:
A.May not be ordered to pay Scarlet any money because she suffered no injury.
B.May be ordered to pay up to $1,000 for using obscene language.
C.May be ordered to pay up to $10,000 for using obscene language.
D.Is not liable to Scarlet but the bank that hired the collector is liable to her.
Q:
In Heintz v. Jenkins, the court had to determine whether an attorney representing his client is a debt collector under the Fair Debt Collection Practices Act and found:
A.An attorney does not fall under the statute because the 1986 repeal of the attorney exemption was not effective because Congress made the repeal a sweeping one and did not fill in voids left in the statute, thus making the repeal void.
B.An attorney who seeks to collect loans through litigation is not "in the business of debt collection" but is instead "in the business of practicing law" and is therefore exempt from the statute.
C.The fact that the consumer was in default on the loan bars her from suing the lawyer because she too was at fault.
D.Lawyers who regularly collect debts through litigation are subject to the provisions of the FDCPA.
Q:
In 2008, consumer credit debt averages over ________ (rounded) for every person in the United States.
A.$5,000.
B.$6,000.
C.$7,000.
D.$8,000.
Q:
The Federal Truth-in-Lending Act:
A.Sets minimum and maximum interest rates for various types of loans.
B.Mandates that a financing statement be prepared when credit is extended by a business to a consumer.
C.Applies to personal property loans such as car or education loans, but does not apply to real property loans such as a purchase of a house.
D.Regulates the advertising used by lenders to attract loan customers.
Q:
ECNAL Corp. manufactures bicycle parts and equipment. One of their new products, the Slipstream tire, is advertised to be 5% faster than the competition due to a new rubber compound used that reduces road drag and friction significantly. After receiving complaints of fraud, the FTC determines that the tire is made from rubber similar to that found in most bicycle tires and it does not, in fact, reduce road drag and friction any more than other tires on the market. The FTC has ordered ECNAL Corp. to include in their advertising the truth about the tire materials and quality and specifically state that the Slipstream tire does not improve speed or performance. The FTC has ordered ENCAL Corp. to engage in:
A.Corrective advertising.
B.Cease and desist advertising.
C.Remedial advertising.
D.Curative advertising.