CPL Environmental Impact Regulations 2 — Questions and Answers
Question 1: Under CERCLA, which doctrine allows the government to recover cleanup costs from parties who owned a contaminated site at the time of disposal, even if they did not cause the contamination?
- Strict liability (Correct answer)
- Negligence per se
- Res ipsa loquitur
- Contributory negligence
Correct answer: Strict liability
CERCLA imposes strict liability on potentially responsible parties regardless of fault or negligence.
Question 2: Which federal agency administers the Underground Injection Control (UIC) program under the Safe Drinking Water Act?
- EPA (Correct answer)
- BOEM
- BLM
- FERC
Correct answer: EPA
The EPA administers the UIC program, which regulates injection wells to protect underground sources of drinking water.
Question 3: A landman discovers that a historical oil spill on a prospective lease tract was remediated 15 years ago. What is the most important due diligence step?
- Obtain a No Further Action letter from the relevant state agency (Correct answer)
- Rely on the seller's representations in the purchase agreement
- Check only current EPA Superfund site listings
- Assume remediation was complete if no current visible contamination exists
Correct answer: Obtain a No Further Action letter from the relevant state agency
A No Further Action (NFA) letter from the state agency confirms regulatory closure and provides legal protection.
Question 4: Which provision of NEPA requires federal agencies to prepare an Environmental Impact Statement (EIS) for major federal actions significantly affecting the environment?
- Section 102(2)(C) (Correct answer)
- Section 404
- Section 7(a)(2)
- Section 9(a)
Correct answer: Section 102(2)(C)
NEPA Section 102(2)(C) mandates EIS preparation for major federal actions significantly affecting environmental quality.
Question 5: What is the purpose of a 'Phase II Environmental Site Assessment' in the context of oil and gas leasing?
- To collect and analyze soil or groundwater samples to confirm or rule out suspected contamination (Correct answer)
- To identify regulatory compliance history of adjacent properties
- To establish baseline conditions before drilling commences
- To satisfy NEPA requirements prior to federal lease issuance
Correct answer: To collect and analyze soil or groundwater samples to confirm or rule out suspected contamination
A Phase II ESA involves physical sampling and laboratory analysis to confirm whether contamination identified in Phase I actually exists.
Question 6: The Resource Conservation and Recovery Act (RCRA) classifies hazardous waste generators into three categories based on what factor?
- Monthly volume of hazardous waste generated (Correct answer)
- Type of industrial process used
- Number of employees at the facility
- Proximity to drinking water sources
Correct answer: Monthly volume of hazardous waste generated
RCRA classifies generators as Very Small Quantity, Small Quantity, or Large Quantity Generators based on monthly waste volume.
Question 7: Under the Clean Water Act Section 404, who has primary permitting authority for discharges of dredged or fill material into waters of the United States?
- U.S. Army Corps of Engineers (Correct answer)
- EPA Region offices
- State fish and wildlife agencies
- Bureau of Land Management
Correct answer: U.S. Army Corps of Engineers
The U.S. Army Corps of Engineers issues Section 404 permits, though EPA retains veto authority.
CPL Environmental Impact Regulations 2
Under CERCLA, which doctrine allows the government to recover cleanup costs from parties who owned a contaminated site at the time of disposal, even if they did not cause the contamination?