Chapter 45, Problem 10CP

Nevada passes a statute that any 18-wheel truck passing through Nevada must meet a Clean Fuel Fleet Exhaust Emission Standard of no more than 2.8 nitrous oxide (NOx). The federal statute requirement for such trucks is no more than 3.8 NOx. Carlton is driving his 18-wheeler cross-country to deliver a load and stops at a Nevada weigh station. The weigh station officer inspects Carlton’s documents, notes that Carlton’s truck has a 3.4 NOx emission level, and issues a citation. On what grounds might Carlton fight this citation?

Pollution remediation obligations should be recognized if which of the following obligating events has occurred?   Multiple Choice A violation of a pollution prevention permit has occurred. All of the given items are obligating events that would require recognition of a pollution remediation obligation. The government is compelled to take remediation action due to imminent endangerment to the public health. The government is named or will be named as the responsible or potentially responsible party to a remediation.

The Endangered Species Act (ESA) charges the National Marine Fisheries Service (a federal agency) with the duty to “ensure” that any proposed action by the council does not “jeopardize” any threatened or endangered species. The Steller sea lion is on the list of endangered species. The agency developed a North Pacific marine fishery plan that permitted a significant harvest of fish by commercial fisheries in the area. Greenpeace, an environmental group, challenged the agency on the grounds that the plan was not based on a sufficient number of biological studies on the impact of the allowed fishing on the Steller sea lion. Greenpeace’s biologic opinion concluded that the fishery plan would reduce the level of food for the sea lions by about 40% to 60% if the juvenile fish were not counted in that figure. Greenpeace’s expert maintained that counting juvenile fish was misleading because they were not capable of reproducing and the government agency’s figure was, as a result, much lower at…