AECN Study guides, Class notes & Summaries

States may adjudicate federal Indian reserved water rights under state water law by initiating the stream wide adjudication process TRUE One legal advantage of in stream appropriations is that they usually are senior to other appropriations FALSE One legal disadvantage of in stream appropriations is that they are usually junior to other appropriations TRUE Indian reserved water rights are usually senior to existing appropriations on the same stream TRUE Indian reserved water rights are u...

T/F. Dick Tracey owns land that is part of a superfund site. Contamination from Tracey's property constitutes 20% of the total site cleanup. Tracey is only liable for his 20% of the total cleanup costs.false, joint & several liability T/F. Sludge Inc. has improperly disposed of hazardous wastes on its land in violation of state and federal hazmat waste disposal regulations but those violations have not been detected. sludge goes out of business in 1990 and sells the land to clean water...

Greg owned Greenacre. On September 1, 1980 Greg made a deed stating in full: "I Greg hereby give Greenacre to Sally." On October 1, 1980 Greg also made another deed stating in full: "I Greg hereby give Greenacre to Don." Greg gave the deeds to Sally and Don. Don recorded his deed November 1, 1980 and Sally recorded hers November 15, 1980. In a lawsuit to determine ownership of Greenacre Sally will win because her deed was dated before Don's. True or False. False. Don will win bec...

NEPA applies only to federal construction projects (t/f) True EPA reviews all environmental impact statements to evaluate the accuracy and completeness of the proposed action's environmental impacts and mitigation of adverse environmental impacts (t/f) True If EPA determines that a federal agency action subject to an EIS will have unsatisfactory environmental impacts, EPA will refer the EIS to CEQ for further consideration (t/f) True While NEPA does not require federal agencies to se...

States may adjudicate federal Indian reserved water rights under state water law by initiating the stream wide adjudication process TRUE One legal advantage of in stream appropriations is that they usually are senior to other appropriations FALSE One legal disadvantage of in stream appropriations is that they are usually junior to other appropriations TRUE Indian reserved water rights are usually senior to existing appropriations on the same stream TRUE

HR2454 cow tax to reduce GHG emissions from ag False HR2454 would have largely exempted ag from GHG regulations true under HR2454, farmers might be able to sell carbon credits to power plants, etc. False Over 40% US GHG from petroleum (cars) true over 30% US GHG from coal (electricity) true in 2007 congress voted to increase fuel efficiency to 35 mpg by 2020 true HR2454 said 6% electricity from renewable sources by 2012, 25% by 2025 true

A judge will overrule a regulatory decision if the judge believes that the refulator did not pick the best regulatory option (T/F EXPLAIN) False. Not unless there is a clear legal error or the choice of the regulatory option violates procedural or sustantitve due process. EPA and Federal pollution control laws rely on self-monitoring and self-reporting, including self-reporting of violations. (T/F) False DEQ tries to inspect all facilities subject to a DEQ permit once a year (T/F) True ...

Under section 404 of the clean water act, a landowner may drain or fill a wetland without a federal permit so long as the wetland is located completely on his property. (A) true (B) false False If precipitation runoff has not acquired a regular flow, Nebraska landowners are therefore free to drain their property without liability to their neighbors. (A) true (B) false. True If precipitation runoff has acquired a regular flow, Nebraska landowners are therefore free to drain their prop...

Under section 404 of the clean water act, a landowner may drain or fill a wetland without a federal permit so long as the wetland is located completely on his property. (A) true (B) false correct answers False If precipitation runoff has not acquired a regular flow, Nebraska landowners are therefore free to drain their property without liability to their neighbors. (A) true (B) false. correct answers True If precipitation runoff has acquired a regular flow, Nebraska landowners are therefor...

County court judges are elected in Nebraska. (A) true (B) false correct answers False Administrative regulations are not legally effective until they have been approved in court. (A) true (B) false correct answers False In mediation, the mediator will decide who wins the case. (A) true (B) false correct answers False Currently, in the Nebraska Unicameral, — have a legislative majority. (A) rural areas (B) trade centers (C) urban areas (D) all of the above (E) none of the above. co...