Methods of securing arbitration

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Reference no: EM13774252

ENVIRONMENTAL LAW

Question 1. If a court finds that an EIS is inadequate:

Answer

the court has the power to require the agency to modify the project.

the court has the power to institute a temporary injunction of agency action until a proper EIS has been filed.

the court has the power to require the agency to hold a public hearing.

the court has no remedy in this situation.

Question 2. In response to such events as the Cuyahoga River fire and a 250 million gallon crude oil spill of the coast of Santa Barbara, California, Congress passed which Act in the 1960s?

Answer

The Safe Drinking Water Act

The Clean Water Act

The Federal Water Pollution Control Act

The Rivers and Harbors Act

Question 3. The principle establishing that the authority to govern is divided between two sovereigns is known as __________.

Answer

the Commerce Clause

Federal Preemption

the Takings Clause

federalism

Question 4. Which of the following statements about the methods of securing arbitration is FALSE?

Answer

To secure arbitration, two parties can include a binding arbitration clause into a contract.

If no arbitration clause is included, parties can secure arbitration by entering into a submission agreement.

If two parties have entered into a submission agreement or have included a binding arbitration clause in their contract, federal and state courts can decide whether to require arbitration in the event of a dispute.

Both a submission agreement and an arbitration clause usually include the means by which the arbitrator will be selected.

Question 5. An operator of a proposed construction site of one acre or more must submit a SWPPP. The plan must include all of the following EXCEPT:

Answer

the installation of BMPs to control erosion and sediment and manage storm water.

the maintaining a clear construction site.

the testing plan for site runoff.

the minimization of the exposure of bare soils to precipitation.

Question 6. The act that requires federal agencies to publish in the Federal Register places where the public can get information from agencies is __________.]

Answer

the Government in Sunshine Act

the Congressional Review Act

the Federal Tort Claim Act

the Freedom of Information Act

Question 7. Chloroflurocarbons (CFCs) are a factor in which of the following air pollution problems?

Answer

Ozone depletion

Acid deposition

The greenhouse effect

Both a and c

Question 8. One disinfection by-product that results from the reaction between dissolved organic compounds and chlorine is __________.

Answer

DDT

THMs

copper

PCBs

Question 9. Starting with the passage of the 1996 amendments to the primary drinking water standards, the national primary drinking water standards must be reviewed at least every __________.

Answer

6 years

2 years

10 years

5 years

Question 10. Which landmark case established that the U.S. Supreme Court and most state supreme courts have the power to determine whether a statute is constitutional?

Answer

Lujan v. Defenders of Wildlife

Sierra Club v. Morton

Marbury v. Madison

United States v. Students Challenging Regulatory Agency Procedures

Question 11. Describe the difference between conventional and toxic organics. Compare the relative amounts of each allowed in water. Provide a reference citation for your source material. There is no minimum word requirement for your written response.

Question 12. What is the difference between riparian and appropriative water rights? Under what conditions is each of these most suited? Provide a reference citation for your source material. There is no minimum word requirement for your written response.

Reference no: EM13774252

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