What is the public trust doctrine

Assignment Help Business Law and Ethics
Reference no: EM131439202

PART I - Multiple choice (choose the appropriate answers to each question)

1. The branch of the government that writes regulations is the:

a. Legislative

b. Judicial

c. Executive

d. Administrative

2. RCRA regulates all except

a. Generators of hazardous waste

b. Suppliers of material that becomes hazardous waste

c. Transporters of hazardous waste

d. Facilities that treat, store or dispose of hazardous waste.

3. The Basel Convention restricts             

a. Shipment of hazardous waste among countries.

b. Release of carbon dioxide into the environment

c. Dumping of pollutants into waterways.

d. Release of CFCs into the environment

4. The cap and trade system permitted under the Clean Air Act permits:

a. A company to discharge excessive amounts of a pollutant into the air as long as it makes a payment to the government.

b. A company to sell its rights to release lead into the environment to a company which does not discharge lead into the air.

c. A company which discharges less than the allowed amount of lead to sell a credit to a company which discharges more than the allowed level of lead into the air.

d. Two companies to trade allowances for different pollutants

5. A manifest must be used when handling hazardous waste by all except:

a. A transporter of hazardous waste

b. A large quantity generator

c. A facility that treats, stores or disposes of hazardous waste.

d. A facility that manufactures scrubbers for smoke stacks.

6. A Constitutional provision which is the basis for many environmental laws is:

a. The search and seizure clause.

b. The interstate commerce clause.

c. The right to due process of law.

d. The supremacy clause.

7. Which is the incorrect statement regarding the use of common law remedies to address environmental issues?

a. Its use addresses future harm.

b. Its use requires litigation.

c. The plaintiff must have standing.

d. The plaintiff must prove wrongdoing on the part of the defendant

8. The regulation of underground storage tanks requires all but

a. Spill and overflow control

b. Upgrade of certain existing tanks

c. Registration

d. Burying of all aspects of the system

9. The Clean Water Act applies to all except

a. A wetlands on the coast of Long Island

b. The Mississippi River

c. An aquifer beneath a federal park

d. San FranciscoBay

10. Violations of a NPDES permit could include all except

a. Exceeding effluent limits

b. Failure to monitor discharges

c. Pouring polluted water onto the ground.

d. Discharging without a permit.

PART 2: Short Answers. (Answer the questions in the space provided)

1. What is the Public Trust Doctrine and how is it used in the area of environmental law?

2. Explain the roles of the EPA and the state's regarding setting standards for the clean water act.

3. Discuss the issue of what "waters" are subject to the Clean Water Act.

Clean Water Act protects

a) streams that flow part of the year.

b) traditional navigable water.

c) interstate waters.

d) a water body does not have surface connection to the another water body.

5. What are the NAAQSs and what are their primary and secondary standards?

6. Define the concept of "cradle to grave" as it relates to environmental law.

7. What is a SIP, by whom is it established, and what is its purpose?

8. Define "externality" and give an example of an externality related to the environment.

Reference no: EM131439202

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