Risk Management & Mitigation Flashcards
6 cards from real CPP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Risk Management & Mitigation flashcards as text
What is a 'Biological Opinion' (BiOp) under the Endangered Species Act and what risk does it address?
Answer: A formal determination by FWS or NMFS on whether a proposed federal action is likely to jeopardize a listed species, addressing the risk of project delays or redesigns
A BiOp concludes the ESA Section 7 consultation process; a 'jeopardy' or 'adverse modification' finding forces project redesign, while a 'no jeopardy' BiOp with incidental take statement allows the project to proceed.
Which risk does a 'force majeure' clause in a permit agreement typically address?
Answer: Unforeseeable events beyond the permittee's control (floods, earthquakes, pandemics) that prevent permit condition compliance, potentially providing a defense against enforcement
Force majeure clauses excuse non-compliance caused by unforeseeable extraordinary events beyond the permittee's control, provided the permittee notifies the agency promptly and takes reasonable steps to comply.
What is a 'stormwater management plan (SWMP)' and what risk does it mitigate in permitting?
Answer: A plan identifying Best Management Practices (BMPs) to control pollutant discharges in stormwater runoff, mitigating the risk of NPDES violations and water quality impairments
A SWMP documents BMPs for controlling pollutant sources in stormwater, required under MS4 permits and industrial permits to reduce the risk of exceeding permit limits and causing water quality violations.
What is the purpose of a 'financial assurance' requirement in environmental permitting?
Answer: To ensure funds are available for closure, remediation, or corrective action if the operator fails to perform required obligations
Financial assurance mechanisms (bonds, trust funds, letters of credit) are required in RCRA, mining, and other permits to ensure resources exist for cleanup even if the operator becomes insolvent.
In the context of NEPA risk, what is a 'connected action' and why must it be considered?
Answer: An action that is closely related to the proposed action (i.e., it would not occur but for the proposed action), which must be analyzed together to avoid piecemealing and underestimating cumulative impacts
NEPA regulations (40 CFR 1508.25) require connected actions to be evaluated in the same EIS to prevent piecemealing, which would artificially minimize apparent impacts and risks.
What does the term 'incidental take permit' under ESA Section 10 authorize, and what risk mitigation does it require?
Answer: It authorizes non-federal applicants to incidentally harm listed species during otherwise lawful activities, conditioned on an approved Habitat Conservation Plan (HCP) that minimizes and mitigates the take
ESA Section 10(a)(1)(B) incidental take permits are issued to non-federal applicants who develop HCPs detailing how incidental take will be minimized, mitigated, and monitored.