ENVIRONMENTAL LAW AND POLICY
EXAM 1 ACTUAL EXAM 2026 NEWLY
UPDATED FULL VERSION WITH
ANSWERS GRADED A+
Administrative Law: The APA and EAJA
These two acts govern how federal agencies interact with the public, ensuring
transparency and protection from government overreach.
Administrative Procedure Act (APA)
A: ✔✔ The APA is the "superstatute" that serves as the legal backbone for the
modern administrative state. It establishes uniform rules for how agencies like the
EPA, IRS, or FDA conduct their affairs.
Rulemaking: Agencies must publish a Notice of Proposed Rulemaking in
the Federal Register, allow for public comment, and address substantive
feedback before issuing a final rule.
Adjudication: Sets the standards for courtroom-style hearings when
agencies resolve disputes with individuals or businesses.
Judicial Review: Allows citizens to challenge agency actions in court if
they are deemed "arbitrary, capricious, or an abuse of discretion."
Equal Access to Justice Act (EAJA)
A: ✔✔ The EAJA acts as a shield to protect individuals and small businesses from
harassment or "bullying" by federal agencies.
Fee Shifting: If a person or small business prevails in a legal dispute against
the government, and the government's position was not "substantially
justified," the government must reimburse their attorney fees and legal
costs.
Goal: To ensure that people can afford to defend their rights against the
nearly unlimited resources of the federal government.
Preservation Laws: NEPA and NHPA
These acts ensure that federal projects do not move forward without first
considering their impact on our natural environment and cultural heritage.
National Environmental Policy Act (NEPA)
A: ✔✔ Known as the "Magna Carta" of environmental laws, NEPA requires
federal agencies to "look before they leap."
Environmental Assessment (EA): A concise review to determine if a
project will have significant impacts.
, Environmental Impact Statement (EIS): If impacts are significant, a
comprehensive EIS must analyze the project’s effects and evaluate
reasonable alternatives, including the "No Action" alternative.
Land Transfers: Agencies must analyze how a new owner might use
federal land before it is transferred, ensuring potential environmental risks
are understood.
National Historic Preservation Act (NHPA)
A: ✔✔ The NHPA ensures that American history isn't accidentally demolished by
progress. It established the National Register of Historic Places and the Advisory
Council on Historic Preservation (ACHP).
Section 106 Consultation: This is the most critical part of the act. Before
any federal project (or project using federal funds/permits) begins, the
agency must consult with State Historic Preservation Offices (SHPO) and
Tribal Historic Preservation Offices (THPO).
Mitigation: If a project will adversely affect a historic site, the agency must
find ways to avoid, minimize, or mitigate that damage (e.g., through detailed
architectural recording or redesigning the project).
Archaeological Resources Protection Act (ARPA) -ANSWER✔✔this act (1)
prohibits the excavation or removal of artifacts from federal property without a
permit, (2) prohibits the sale, exchange, or transport of artifacts acquired illegally
from federal property, and (3) increased the penalties for violations of the act over
those of the Antiquities Act.
-criminal penalties for taking archaeological artifacts from Fed lands without a
permit
-no maps released under Freedom of Information Act
Native American Grave Protection and Repatriation Act (NAGPRA) -
ANSWER✔✔requires federal agencies and institutions that receive federal funding
to return Native American "cultural items" to lineal descendants and culturally
affiliated Indian tribes and Native Hawaiian organizations
American Indian Religious Freedom Act (AIRFA) -ANSWER✔✔protects the
rights of Native Americans to exercise their traditional religions by ensuring access
to sites, use and possession of sacred objects, and the freedom to worship through
ceremonials and traditional rites
Endangered Species Act (ESA) -ANSWER✔✔Protects species that are considered
to be threatened or endangered. Includes migratory birds and their habitats.
EXAM 1 ACTUAL EXAM 2026 NEWLY
UPDATED FULL VERSION WITH
ANSWERS GRADED A+
Administrative Law: The APA and EAJA
These two acts govern how federal agencies interact with the public, ensuring
transparency and protection from government overreach.
Administrative Procedure Act (APA)
A: ✔✔ The APA is the "superstatute" that serves as the legal backbone for the
modern administrative state. It establishes uniform rules for how agencies like the
EPA, IRS, or FDA conduct their affairs.
Rulemaking: Agencies must publish a Notice of Proposed Rulemaking in
the Federal Register, allow for public comment, and address substantive
feedback before issuing a final rule.
Adjudication: Sets the standards for courtroom-style hearings when
agencies resolve disputes with individuals or businesses.
Judicial Review: Allows citizens to challenge agency actions in court if
they are deemed "arbitrary, capricious, or an abuse of discretion."
Equal Access to Justice Act (EAJA)
A: ✔✔ The EAJA acts as a shield to protect individuals and small businesses from
harassment or "bullying" by federal agencies.
Fee Shifting: If a person or small business prevails in a legal dispute against
the government, and the government's position was not "substantially
justified," the government must reimburse their attorney fees and legal
costs.
Goal: To ensure that people can afford to defend their rights against the
nearly unlimited resources of the federal government.
Preservation Laws: NEPA and NHPA
These acts ensure that federal projects do not move forward without first
considering their impact on our natural environment and cultural heritage.
National Environmental Policy Act (NEPA)
A: ✔✔ Known as the "Magna Carta" of environmental laws, NEPA requires
federal agencies to "look before they leap."
Environmental Assessment (EA): A concise review to determine if a
project will have significant impacts.
, Environmental Impact Statement (EIS): If impacts are significant, a
comprehensive EIS must analyze the project’s effects and evaluate
reasonable alternatives, including the "No Action" alternative.
Land Transfers: Agencies must analyze how a new owner might use
federal land before it is transferred, ensuring potential environmental risks
are understood.
National Historic Preservation Act (NHPA)
A: ✔✔ The NHPA ensures that American history isn't accidentally demolished by
progress. It established the National Register of Historic Places and the Advisory
Council on Historic Preservation (ACHP).
Section 106 Consultation: This is the most critical part of the act. Before
any federal project (or project using federal funds/permits) begins, the
agency must consult with State Historic Preservation Offices (SHPO) and
Tribal Historic Preservation Offices (THPO).
Mitigation: If a project will adversely affect a historic site, the agency must
find ways to avoid, minimize, or mitigate that damage (e.g., through detailed
architectural recording or redesigning the project).
Archaeological Resources Protection Act (ARPA) -ANSWER✔✔this act (1)
prohibits the excavation or removal of artifacts from federal property without a
permit, (2) prohibits the sale, exchange, or transport of artifacts acquired illegally
from federal property, and (3) increased the penalties for violations of the act over
those of the Antiquities Act.
-criminal penalties for taking archaeological artifacts from Fed lands without a
permit
-no maps released under Freedom of Information Act
Native American Grave Protection and Repatriation Act (NAGPRA) -
ANSWER✔✔requires federal agencies and institutions that receive federal funding
to return Native American "cultural items" to lineal descendants and culturally
affiliated Indian tribes and Native Hawaiian organizations
American Indian Religious Freedom Act (AIRFA) -ANSWER✔✔protects the
rights of Native Americans to exercise their traditional religions by ensuring access
to sites, use and possession of sacred objects, and the freedom to worship through
ceremonials and traditional rites
Endangered Species Act (ESA) -ANSWER✔✔Protects species that are considered
to be threatened or endangered. Includes migratory birds and their habitats.
