Environmental Law Exam 2 with all Correct & 100%
Verified Answers |Actual Complete Exam| Already
Graded A+
Agency Actions ✔Correct answer-The third source of environmental law—agency rules and
decisions. Agencies act as an extension of both Executive and Legislative branches—rules, orders, op
memos.
Evolution of Administrative/Agency process—began as a way to control actions of the agencies and
morphed into APA and case law. Inclusion of the public hearing and comment is important!
Challenging agency actions—Typically courts is to defer to agency if supported in fact and a
reasonable interpretation of law. Why would we challenge? No clear authorization, step beyond the
bounds of law and failure to act.
Disclosure Laws ✔Correct answer-Disclosure laws are designed to provide information to public to
enable their participation. Meant to provide transparency. NEPA and background-era of 1970s's and
some say it was a mistaken act because required agencies to do an analysis of environmental impact
before taking action. The court's interest is to make sure that agencies conduct a robust review of
proposed major actions. EIS and EA.
Roadblock Laws ✔Correct answer-Regulation to prohibit use due to inherently dangerous nature
of activity. Endangered Species Act is model federal law. States have similar ESA laws.
Courts have been sympathetic over the years to essence of the law—because law is so clear.
Michigan's best known roadblock law is its invasive species law written by the legislature but control
was given over to the DEQ, DNR, and other agencies because they have more knowledge. Roadblock
laws have greater utility as canary in coal mine indicator—we not just protect species but help to
focus on harmful human behaviors.
Permitting Standards ✔Correct answer-Harm-Based Standard: Gives people options as to how to
prevent the harm
Tech-Based Standard: Gives people flexibility with emission/effluent levels as long as technology is
implemented to the standard.
Clean Air Act (1970) ✔Correct answer-Passed to control both stationary and mobile sources of air
pollution. Quality of air seen as a most visible health issue—secondary natural resource issue. CAA
provides for limits for the permissible concentration of 6 criteria pollutants in the Ambient Air
Standards are periodically reviewed and revised if they are not protective of public health. Makes
distinction between stationary and mobile sources to control emissions. Also makes distinction
between new and existing stationary sources. States are given the job of regulating most stationary
sources while feds retain control over mobile sources. States are required to prepare plans (State
Implementation Plan) to implement various pollution control measures to improve air quality to
attain the federal standard or maintain the already good air quality. SIPs must be approved by the
EPA for review to make sure that Federal minimums are met.
Whitman v American Trucking Association (2001) ✔Correct answer-American Trucking Association
challenges EPA's setting of NAAQS—claims that protecting public health is a more complicated
analysis—more factors than just air pollution! Out of work, bad health results! Claims that EPA did
not fully consider economic costs associated with standards. We've heard this argument before! Sup.
, Court says that Congress was very explicit in their intent (standards must protect public health) and
that EPA is bound to follow. EPA had not acted outside the bounds of the statute.
Massachusetts v EPA (2007) (Bush) ✔Correct answer-EPA says that it lacks authority to regulate
green house gasses from new motor vehicles. Sec. 202 of CAA—"EPA to set standards of any air
pollutant.....which cause or contribute to air pollution reasonably anticipated to endanger public
health, welfare." Court says CAA is clear—agency has the authority—very broad mandate. Is this a
case of politics?
Air Pollution Control Dist v. EPA ✔Correct answer-Kentucky challenges EPA's enforcement of CAA
for failure to control impact of Indiana sources. Downwind states have a difficult burden-despite all
their efforts, they can't control upwind pollution! EPA says only a small amount of air pollution came
from Indiana plant. There is a forum for this discussion—interstate transport commission to mediate
disputes. EPA was reluctant to require changes to Indiana SIP because they would be able to change
their SIP in the next few years. Every 5 years, SIPs must be reviewed and revised.
NMU Heating Plant Case ✔Correct answer-NMU makes noble effort to convert to combo
wood/coal/natural gas burning boiler system for heat/electricity. Local coal (not low sulphur) to be
used. Lower costs for local coal. DEQ had done the PSD analysis and gave specific preference for use
of coal over wood.
Sierra Club sues and move is to protect a PSD area.
Case involves a major modification of existing source in a PSD area—high air quality to be preserved.
Must take most aggressive measures to protect! EPA tells DEQ to do more!
Clean Water Act (1972) ✔Correct answer-CWA enacted after CAA and it created a 5-year permit
with the intention of regular review and the potential for changing requirements. Vehicle for
controlling releases —NPDES (National Pollutant Discharge Elimination System) permits. Clean up
and protect waters of the US with specific standards based on the quality of the waters. The CWA
made it unlawful to discharge any pollutant to the surface waters unless a permit was obtained. It is
generally applicable to industrial facilities and municipal wastewater treatment facilities known as
point sources. CWA set water quality standards for allowable discharges, but states are free to
develop their own water quality standards to accommodate state conditions as long as the EPA has
approved the state's NPDES permit program.
Mecury, PCB's, Benzopyrene, etc and many more....
Example—key rivers and streams in Michigan—Blue Ribbon Trout streams and Natural Rivers get
special attention.
EPA v. California ✔Correct answer-Key background case on evolution of CWA. Water Quality is
protected through through the National Pollutant Discharge Elimination System (NPDES) permit
process and states are allowed to assume delegated authority if program is approved by EPA. States
must use the appropriate federal standard or be more protective. This case affirmed that a permit
issued from a state with an approved state program does not have to obtain additional federal
authorization.
Doctrine of Federalism is reinforced.
Rapanos v U.S. ✔Correct answer-Key issue is what waters are subject to EPA jurisdiction.
Look at whether they are navigable, waters of the US. Wetlands are in question in this case. Rapanos
claims he filled 22 acres over 20 miles away from a navigable body
Court is split—Scalia favors "permanent bodies of water or adjacent to a permanent body of water.
Kennedy more deferential to Army Corps definition that looks at functions of wetlands and if there is
a nexus between wetlands and navigable waters.Important because of extending protection to
Verified Answers |Actual Complete Exam| Already
Graded A+
Agency Actions ✔Correct answer-The third source of environmental law—agency rules and
decisions. Agencies act as an extension of both Executive and Legislative branches—rules, orders, op
memos.
Evolution of Administrative/Agency process—began as a way to control actions of the agencies and
morphed into APA and case law. Inclusion of the public hearing and comment is important!
Challenging agency actions—Typically courts is to defer to agency if supported in fact and a
reasonable interpretation of law. Why would we challenge? No clear authorization, step beyond the
bounds of law and failure to act.
Disclosure Laws ✔Correct answer-Disclosure laws are designed to provide information to public to
enable their participation. Meant to provide transparency. NEPA and background-era of 1970s's and
some say it was a mistaken act because required agencies to do an analysis of environmental impact
before taking action. The court's interest is to make sure that agencies conduct a robust review of
proposed major actions. EIS and EA.
Roadblock Laws ✔Correct answer-Regulation to prohibit use due to inherently dangerous nature
of activity. Endangered Species Act is model federal law. States have similar ESA laws.
Courts have been sympathetic over the years to essence of the law—because law is so clear.
Michigan's best known roadblock law is its invasive species law written by the legislature but control
was given over to the DEQ, DNR, and other agencies because they have more knowledge. Roadblock
laws have greater utility as canary in coal mine indicator—we not just protect species but help to
focus on harmful human behaviors.
Permitting Standards ✔Correct answer-Harm-Based Standard: Gives people options as to how to
prevent the harm
Tech-Based Standard: Gives people flexibility with emission/effluent levels as long as technology is
implemented to the standard.
Clean Air Act (1970) ✔Correct answer-Passed to control both stationary and mobile sources of air
pollution. Quality of air seen as a most visible health issue—secondary natural resource issue. CAA
provides for limits for the permissible concentration of 6 criteria pollutants in the Ambient Air
Standards are periodically reviewed and revised if they are not protective of public health. Makes
distinction between stationary and mobile sources to control emissions. Also makes distinction
between new and existing stationary sources. States are given the job of regulating most stationary
sources while feds retain control over mobile sources. States are required to prepare plans (State
Implementation Plan) to implement various pollution control measures to improve air quality to
attain the federal standard or maintain the already good air quality. SIPs must be approved by the
EPA for review to make sure that Federal minimums are met.
Whitman v American Trucking Association (2001) ✔Correct answer-American Trucking Association
challenges EPA's setting of NAAQS—claims that protecting public health is a more complicated
analysis—more factors than just air pollution! Out of work, bad health results! Claims that EPA did
not fully consider economic costs associated with standards. We've heard this argument before! Sup.
, Court says that Congress was very explicit in their intent (standards must protect public health) and
that EPA is bound to follow. EPA had not acted outside the bounds of the statute.
Massachusetts v EPA (2007) (Bush) ✔Correct answer-EPA says that it lacks authority to regulate
green house gasses from new motor vehicles. Sec. 202 of CAA—"EPA to set standards of any air
pollutant.....which cause or contribute to air pollution reasonably anticipated to endanger public
health, welfare." Court says CAA is clear—agency has the authority—very broad mandate. Is this a
case of politics?
Air Pollution Control Dist v. EPA ✔Correct answer-Kentucky challenges EPA's enforcement of CAA
for failure to control impact of Indiana sources. Downwind states have a difficult burden-despite all
their efforts, they can't control upwind pollution! EPA says only a small amount of air pollution came
from Indiana plant. There is a forum for this discussion—interstate transport commission to mediate
disputes. EPA was reluctant to require changes to Indiana SIP because they would be able to change
their SIP in the next few years. Every 5 years, SIPs must be reviewed and revised.
NMU Heating Plant Case ✔Correct answer-NMU makes noble effort to convert to combo
wood/coal/natural gas burning boiler system for heat/electricity. Local coal (not low sulphur) to be
used. Lower costs for local coal. DEQ had done the PSD analysis and gave specific preference for use
of coal over wood.
Sierra Club sues and move is to protect a PSD area.
Case involves a major modification of existing source in a PSD area—high air quality to be preserved.
Must take most aggressive measures to protect! EPA tells DEQ to do more!
Clean Water Act (1972) ✔Correct answer-CWA enacted after CAA and it created a 5-year permit
with the intention of regular review and the potential for changing requirements. Vehicle for
controlling releases —NPDES (National Pollutant Discharge Elimination System) permits. Clean up
and protect waters of the US with specific standards based on the quality of the waters. The CWA
made it unlawful to discharge any pollutant to the surface waters unless a permit was obtained. It is
generally applicable to industrial facilities and municipal wastewater treatment facilities known as
point sources. CWA set water quality standards for allowable discharges, but states are free to
develop their own water quality standards to accommodate state conditions as long as the EPA has
approved the state's NPDES permit program.
Mecury, PCB's, Benzopyrene, etc and many more....
Example—key rivers and streams in Michigan—Blue Ribbon Trout streams and Natural Rivers get
special attention.
EPA v. California ✔Correct answer-Key background case on evolution of CWA. Water Quality is
protected through through the National Pollutant Discharge Elimination System (NPDES) permit
process and states are allowed to assume delegated authority if program is approved by EPA. States
must use the appropriate federal standard or be more protective. This case affirmed that a permit
issued from a state with an approved state program does not have to obtain additional federal
authorization.
Doctrine of Federalism is reinforced.
Rapanos v U.S. ✔Correct answer-Key issue is what waters are subject to EPA jurisdiction.
Look at whether they are navigable, waters of the US. Wetlands are in question in this case. Rapanos
claims he filled 22 acres over 20 miles away from a navigable body
Court is split—Scalia favors "permanent bodies of water or adjacent to a permanent body of water.
Kennedy more deferential to Army Corps definition that looks at functions of wetlands and if there is
a nexus between wetlands and navigable waters.Important because of extending protection to
