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CEA Environmental Law & Enforcement Flashcards

6 cards from real CEA practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 6 CEA Environmental Law & Enforcement flashcards as text
  1. Which provision of the Clean Water Act regulates the discharge of dredged or fill material into waters of the U.S.?

    Answer: Section 404

    Clean Water Act Section 404 authorizes the Army Corps of Engineers to issue permits for discharging dredged or fill material into U.S. waters and wetlands.

  2. What is the key difference between a Notice of Violation (NOV) and a Consent Decree in environmental enforcement?

    Answer: An NOV notifies of non-compliance; a Consent Decree is a court-approved settlement

    A Notice of Violation formally identifies non-compliance, while a Consent Decree is a judicially enforceable settlement agreement resolving violations.

  3. Under RCRA, what classification applies to wastes that exhibit ignitability, corrosivity, reactivity, or toxicity?

    Answer: Characteristic hazardous waste

    Characteristic hazardous wastes are identified by four properties—ignitability, corrosivity, reactivity, and toxicity—under RCRA Subtitle C regulations.

  4. Which EPA enforcement mechanism allows the agency to seek penalties of up to $70,117 per day per violation under the Clean Water Act?

    Answer: Class II administrative penalty

    Class II administrative penalties under the Clean Water Act allow EPA to assess up to approximately $70,117 per day per violation after formal hearing procedures.

  5. What does the Emergency Planning and Community Right-to-Know Act (EPCRA) Section 313 require facilities to report?

    Answer: Annual releases of toxic chemicals via the Toxics Release Inventory (TRI)

    EPCRA Section 313 requires covered facilities to annually report releases and transfers of listed toxic chemicals to EPA's Toxics Release Inventory (TRI).

  6. What legal doctrine holds that a corporation can be criminally liable for environmental violations committed by its employees?

    Answer: Respondeat superior

    The respondeat superior doctrine holds employers, including corporations, vicariously liable for criminal acts committed by employees within the scope of their employment.