CEA CEA Environmental Law & Enforcement 1 — Questions and Answers
Question 1: Which U.S. law grants citizens the right to sue polluters and the EPA for failure to enforce environmental standards?
- Clean Water Act citizen suit provision (Correct answer)
- Administrative Procedure Act
- Freedom of Information Act
- National Environmental Policy Act
Correct answer: Clean Water Act citizen suit provision
The Clean Water Act's citizen suit provision (Section 505) allows individuals and organizations to sue polluters or the EPA for enforcement failures.
Question 2: What is the primary purpose of the National Environmental Policy Act (NEPA)?
- To require federal agencies to assess environmental impacts before major actions (Correct answer)
- To set air quality standards
- To regulate hazardous waste disposal
- To establish water quality criteria
Correct answer: To require federal agencies to assess environmental impacts before major actions
NEPA requires federal agencies to evaluate the environmental consequences of proposed major federal actions through Environmental Impact Statements (EIS) or Environmental Assessments (EA).
Question 3: Under CERCLA, what term describes the parties who can be held liable for cleanup costs at contaminated sites?
- Potentially Responsible Parties (PRPs) (Correct answer)
- Regulated entities
- Permittees
- Responsible corporate officers
Correct answer: Potentially Responsible Parties (PRPs)
CERCLA uses the term 'Potentially Responsible Parties' (PRPs) to identify owners, operators, generators, and transporters who may be liable for Superfund site cleanup.
Question 4: What enforcement tool allows EPA to issue legally binding compliance schedules without going to court?
- Administrative Order on Consent (AOC) (Correct answer)
- Consent Decree
- Notice of Violation
- Criminal Referral
Correct answer: Administrative Order on Consent (AOC)
An Administrative Order on Consent (AOC) is a binding agreement between EPA and a party that sets cleanup or compliance obligations without requiring court action.
Question 5: Which Clean Air Act program requires major stationary sources to obtain an operating permit that consolidates all air compliance requirements?
- Title V Operating Permit Program (Correct answer)
- New Source Review
- National Emission Standards for Hazardous Air Pollutants
- Prevention of Significant Deterioration
Correct answer: Title V Operating Permit Program
The Title V Operating Permit Program requires major sources to obtain comprehensive permits that incorporate all applicable Clean Air Act requirements in one document.
Question 6: What is the statute of limitations for bringing a civil enforcement action under most federal environmental laws?
- 5 years (Correct answer)
- 1 year
- 10 years
- 3 years
Correct answer: 5 years
Most federal environmental civil enforcement actions are subject to a 5-year statute of limitations under 28 U.S.C. § 2462.
CEA CEA Environmental Law & Enforcement 1
Which U.S. law grants citizens the right to sue polluters and the EPA for failure to enforce environmental standards?