Climate Change Environmental Law & Regulations 3 — Questions and Answers
Question 1: Which international agreement, adopted in 2015, replaced the Kyoto Protocol as the primary global framework for addressing climate change?
- Montreal Protocol
- Copenhagen Accord
- Paris Agreement (Correct answer)
- Cartagena Protocol
Correct answer: Paris Agreement
The Paris Agreement, adopted in December 2015, established a new international framework requiring countries to submit nationally determined contributions.
Question 2: Under the Clean Water Act, which permit program regulates pollutant discharges into US waters from point sources?
- RCRA permit
- NPDES permit (Correct answer)
- CERCLA permit
- CAA permit
Correct answer: NPDES permit
The National Pollutant Discharge Elimination System (NPDES) permit program controls water pollution by regulating point sources that discharge pollutants.
Question 3: What does 'cap-and-trade' mean in the context of greenhouse gas regulation?
- Setting a maximum limit on all economic activity in a sector
- A system setting an overall emission limit while allowing companies to buy and sell emission allowances (Correct answer)
- Capping the price of carbon credits at a fixed rate
- Requiring companies to trade technologies with lower-emission competitors
Correct answer: A system setting an overall emission limit while allowing companies to buy and sell emission allowances
Cap-and-trade sets a total emission cap and lets regulated entities buy and sell allowances, creating a market-based incentive to reduce emissions.
Question 4: The Resource Conservation and Recovery Act (RCRA) intersects with climate policy primarily through:
- Regulating the disposal of coal ash and other fossil fuel waste products (Correct answer)
- Setting renewable portfolio standards for utilities
- Mandating electric vehicle adoption
- Restricting deforestation on federal lands
Correct answer: Regulating the disposal of coal ash and other fossil fuel waste products
RCRA governs hazardous and solid waste management, including coal combustion residuals from power plants that are a byproduct of fossil fuel use.
Question 5: In West Virginia v. EPA (2022), the Supreme Court applied the 'major questions doctrine' to rule that:
- States cannot impose carbon taxes without congressional approval
- The EPA exceeded its authority by using the Clean Power Plan to restructure the energy sector (Correct answer)
- The Paris Agreement is unconstitutional without Senate ratification
- Carbon pricing requires a constitutional amendment
Correct answer: The EPA exceeded its authority by using the Clean Power Plan to restructure the energy sector
The Court held that Congress had not clearly granted the EPA authority to decide the composition of the nation's electricity grid through the Clean Power Plan.
Question 6: The Inflation Reduction Act (IRA) of 2022 addresses climate change primarily through:
- Mandatory emission caps on all US industries
- Tax credits and incentives for clean energy investment and adoption (Correct answer)
- A national carbon tax on fossil fuels
- Federal takeover of coal power plant operations
Correct answer: Tax credits and incentives for clean energy investment and adoption
The IRA uses tax credits, rebates, and grants—rather than mandates—to incentivize clean energy deployment and reduce US greenhouse gas emissions.
Question 7: Which legal concept allows citizens to sue polluters or government agencies for failing to enforce environmental laws?
- Sovereign immunity
- Citizen suit provision (Correct answer)
- Class action standing
- Regulatory preemption
Correct answer: Citizen suit provision
Citizen suit provisions in laws like the Clean Air Act allow individuals and organizations to sue for violations, supplementing government enforcement.
Climate Change Environmental Law & Regulations 3
Which international agreement, adopted in 2015, replaced the Kyoto Protocol as the primary global framework for addressing climate change?