Question

63) The Environmental Protection Agency (EPA) enacted a new rule to reduce air

pollution emitted by coal-fired power plants. It set the standard of certain chemical

pollutants at a level its staff thought sounded effective. In other words, the rule

was not based on any studies or research. Coal plants can challenge the rule in

court as being _______________ instead of a reasoned consideration of all

relevant factors.

? Question 64

The Environmental Protection Agency (EPA) proposed a new rule to reduce water

pollution emitted by nuclear power plants. The agency did not allow a comment

period, so it did not hear any feedback or comments from affected power plants. If it

enacts a final rule, that rule will likely be overturned in a court challenge for

___________ .

? Question 65

Congress passed a law giving the Environmental Protection Agency (EPA) authority

to regulate air pollution. The EPA passed a regulation prohibiting the use of

genetically modified food in products sold to children. This rule is likely void

because ____________ .

? Question 66

Bob purchased an old warehouse in East Houston to develop as lofts. He later

discovered the property had hazardous waste buried on it. Under the federal

Superfund legislation known as CERCLA and its amendments, who could be

responsible for cleaning up the waste? That is, who is a principally responsible party

(PRP)?

Answer 1

63) Arbitrary and capricious and/or unsupported by the record. In this case a court may send a rule back to the agency for further analysis

64) That rule will likely be overturned in a court challenge for being bolt out of the blue as the public was not given any chance to comment through which they could anticipate the new provisions.

65) Because it exceeds statutory authority

66) EPA was given power to seek out those parties responsible for any release and assure their cooperation in the cleanup. EPA cleans up orphan sites when potentially responsible parties cannot be identified