PART 1: Short Answers.

1. Describe the process by which a site becomes a CERCLA site.

2. Define "sustainable development."

3. Explain the difference between stationary and mobile sources of air pollution.

4. Explain the difference between the "designated uses" of a waterbody and the "water quality standards."

5. What two powers permitted by the United States Constitution provides the bases for most environmental laws?

6. Explain the tragedy of the commons and give a current example of this.

7. What is a "brownfields" site? Why are these sites problematic?

8. What statute regulates underground storage tanks and what are its requirements?

9. What is the difference between an endangered species and a threatened species under the Endangered Species Act?

10. How do most citizen suits work and what are the requirements of these actions?

11. What is an environmental impact statement (EIS)? What are its limitations?

12. How is CERCLA unique as compared to other environmental statutes?

13. What does the Basel Convention address?

14. Who are PRPs under CERCLA?

15. What common law actions are most applicable to environmental law?

16. How are non-point sources regulated under the CWA?

17. Explain cap and trade.

18. What is the mixture rule and to what statute is it applicable?

19. What is the major controlling factor directing what environmental laws are written?

PART 2 Essays

Problem 1:

Mary, an elderly widow, inherits a farm from her sister.

The farm has been leased by a farmer who has operated it. The farmer leaves when Mary's sister dies. During the time the farmer is operating his farm his irresponsible nephew gets his permission to store hazardous substances in one of the sheds on the farm. Mary has no knowledge of this. Five years after Mary inherited the farm, all of the farm buildings burn down. The fire causes the hazardous substances to be released into the environment thus contaminating Mary's property.

Question:What laws are relevant to this situation? What are Mary's legal responsibilities regarding this site? What about the farmer?

Problem 2:

John Smith is a real estate developer.

He purchases a 10 acre tract of undeveloped land with the intent to put 10 houses on it. The per acre price he paid was based on his ability to develop the land.

It is discovered that an endangered bird nests in particular trees on the property. These trees only grow in this area of the country.
John is told he cannot cut down these trees because they are critical habitat for the bird. This means that instead of building 10 houses he can only build 6.

Question: Does John have any recourse? Explain

Problem 3:

EPA has identified the former property of Dirty Corporation, which operated on the property a waste disposal facility in the 1960's, as a Superfund site contaminated with hazardous substances. EPA is determining who to sue to collect for remediation costs. Note whether the following companies/individuals are liable as "PRPs" under CERCLA and why.

1. ABC Corporation which sent relevant hazardous waste to the site 20 years ago pursuant to the direction of the town government but which does not operate in the area any more.

2. The owner of the local diner who arranged to have his waste (including relevant hazardous waste) taken by Big Truck Co. to the site.

3. Clean Corporation which bought most of the site in 1992 and has done nothing to contribute to contamination of the site.

4. Friendly Bank which owns a portion of the site due to a foreclosure action against Dirty Corporation and is attempting to sell the property.

5. The owner of the dry cleaners who put his waste (including relevant hazardous waste) in the municipal waste disposal bins.

6. The owner of Fun Campground which hired Big Truck Co. to dispose of 100 gallons of its solid waste (containing relevant hazardous substances)at the site.

Problem 4:

Business X is a coke making facility. Coke is produced by heating coal at high temperatures.The coke is then used as an essential ingredient in steelmaking.

In the process of "coking" the coal, coal oven gas is produced. As the coke oven gas is cooled, various products are separated from the gas.

A by-product of this is the production of coke oven gas condensate (COGS) This product is hazardous. COGS is returned to the coke-making process where it is used to cool and condition coke oven gas.

As part of this process, COGS is accumulated and stored on the site.

The EPA sues the company for violation of RCRA.

Question: What are the issues?

Problem 5:

Tom's construction site has a pipe that discharges run off from the site to a small stream behind it.

Question:What information would you need before you could determine if Tom requires an NPDES permit?

Problem 6:

Joe Smith owns a factory. He has a permit to release certain levels of criteria pollutant into the atmosphere. The penalty for violating the permit is a fine of $10,000 a day per violation.

Joe Smith's factory's filtering system malfunctions and cannot be repaired for 10 days. As a result of this malfunction, Joe Smith's factory exceeds its permit levels for two of the controlled criteria pollutants.

Questions:Is Joe Smith subject to an enforcement action?

If so, what is the maximum fine he can receive?

If so, what factors would a judge consider when determining an appropriate fine?

PART 3 Article

Read this article and discuss whether you agree with the author's point of view. Why or why not?