MGMT 311 HAILEY HONORS TEST 3 QUESTIONS WITH ANSWERS
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MGMT 311 HAILEY HONORS
Institution
MGMT 311 HAILEY HONORS
MGMT 311 HAILEY HONORS TEST 3 QUESTIONS WITH ANSWERS
Nuisance - Answer-Person is liable if use property in a way that unreasonably interferes with other's property rights
- Private nuisance: indiv. identifies harm distinct from others - money damages, injunction
- Public nuisance: harm to pub...
MGMT 311 HAILEY HONORS TEST
3 QUESTIONS WITH ANSWERS
Nuisance - Answer-Person is liable if use property in a way that unreasonably interferes
with other's property rights
- Private nuisance: indiv. identifies harm distinct from others - money damages,
injunction
- Public nuisance: harm to public at large, public authority will seek relief
Toxic Tort - Answer-Negligence and strict liability
Against those who pollute env w/toxic substance
EPA - Answer-Environmental Protection Agency
coordinator of federal env responsability
create rules, oversee other's rules
Environmental Impact Statements - Answer-- all fed agencies must take env. factors
into consideration when making decisions
- must issue when major federal action significantly affects environment
- major fed action: substantial commitment of resources to things relating to
environment
Air Pollution Statutes - Answer-Clean Air Act: created EPA, regulate both sources
- Mobile sources: cars, vehicles
- Stationary sources: industrial/electrical/utility plants
Violations:
1. civil penalties up to $25,000/day
2. $5,000/day for things like failing to maintain proper records
3. criminal penalties: fines, jail, for knowing violations - up to $1 million and 2 yrs in jail
4. private citizens can sue to enforce act, get up to $10,000 for reporting
Water Pollution Statutes - Answer-Clean Water Act: limit discharge of pollution into
water for navigation, recreation, swimming - similar fines to CAA
Safe Drinking Water Act: allow EPA set max pollutant levels, drinking water suppliers
must send houses: contaminent levels in water, possible health concerns, source of
water
Ocean Dumping Act: regulate transportation and dumping of pollutants into ocean
waters
Oil Pollution Act: create liability for damages to natural resources, private property, local
economies caused by oil discharge into water or shore
, Toxic Chemicals and Hazardous Waste Statutes - Answer-Superfund, aka CERCLA:
regulate cleanup of disposal sites where hazardous waste leaks
Potentially Responsible Party: generated wastes disposed at site, transported waste to
site, owned site at disposal time, current owner
Strict Liability
PRP generating only part of waste can be liable for all clean-up costs
Agency Creation and Powers - Answer-Enabling Legislation: create admin agency
Fed. Exec agencies: help President carry out executive functions, included in cabinet
depts
Independent Regulatory Agencies: outside major exec. depts
Checks+Balances:
1. Executives: appoint officers and veto power
2. Legislation: Congress enables legis. to abolish agency and defund
3. Judicial: court reviews agency actions, subject to Exhaustion Doctrine: go through
admin agency process, take issues through their admin law court, appeal actions to gov
court
APA - Answer-Administrative Procedure Act
Detail procedural requirements of all agencies
Congress can change procedural requirements, but if don't specify, follow APA
Arbitrary and Capricious Test: crts hold "unlawful and set aside" agency actions found
to be not in accordance w/law
Fair Notice: agencies must give notice to those impacted by regulations
Administrative Process - Agencies - Answer-Rulemaking Process:
1. Notice of Proposal: propose rule changes to public on Federal Register
2. Comment
3. Final Rule: post in Code of Federal Registration
Agency Enforcement:
1. Inspection: site inspections, need warrants
2. Subpoenas: subpoena ad testificandum, subpoena duces tecum
3. Search Warrants: 4th amend, need unless highly regulated industry
Administration Process - Adjudication - Answer-1. Negotiated Settlements: reach
agreements
2. Formal Complaints: issue complaint against violation
3. Role of Admin law Judge: conduct proceeding
4. Hearing Procedures: pretrial, discovery, etc.
5. Agency Orders: ALJ issues order, appeal to appellate court
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