POLS 461 Study Guide - Midterm Guide: Endangered Species Act Of 1973, State Implementation Plan, United States Department Of The Interior

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POLS 461 Environmental Politics and Policy
California State University, Chico
Exam Two Study Guide
DISCLAIMER: This study guide is only that - a guide. The exam may include material that is
not included on this study guide. Further, this guide may include material that is not included on
the exam. You are responsible for all assigned material. Your preparation for the exam should
not be limited to what is on this study guide.
IMPORTANT: To get a copy of the hypothetical that will be used on exam two, come to class or my
office hours. It will NOT be available electronically.
Introduction to American Environmental Law
1. Explain express and implied federal preemption of environmental policy under the Supremacy
Clause of the U.S. Constitution.
2. Explain the primary constitutional basis for most federal environmental regulation (Commerce
Clause).
3. Describe how the dormant Commerce Clause has been used to restrict state bans on waste imports.
Can any state ban on waste imports survive dormant Commerce Clause challenges? (from text)
4. Explain the Takings Clause of the 5th Amendment as it relates to environmental law. According to
court rulings, is a restrictive environmental regulation a taking of private property for public use under
the 5th Amendment?
Regulation and Environmental Assessment
1. Understand the significant provisions of the National Environmental Policy Act (NEPA).
2. What are environmental impact statements (EIS)?
3. What are the 3 requirements for when an EIS is necessary?
4. When is an action considered major and federal for purposes of requiring an EIS?
5. What counts as an environmental impact for purposes of requiring an EIS?
6. What is a significant environmental impact for purposes of requiring an EIS?
7. What must an EIS contain?
8. Is NEPA only a procedural requirement, or does it also impose substantive limitations on federal
agencies? (from text)
9. What are the pros/cons of NEPA? Despite its problems, why is it still an important environmental
statute?
Control of Hazardous Wastes
1. Why should we be concerned about waste management?
2. How does RCRA define solid waste and hazardous waste?
3. How does Subtitle D of the Resource Conservation and Recovery Act (RCRA) manage non-
hazardous solid waste? Who has the primary responsibility for this management?
4. How does Subtitle C of RCRA manage hazardous solid waste from “cradle to grave”?
5. What must a hazardous TSDF permit contain?
6. Under the 1984 Amendments to RCRA, when is land disposal of hazardous solid waste allowed?
7. How is RCRA enforced?
8. What is the difference between removal actions and remedial actions under the Comprehensive
Environmental Response, Compensation, & Liability Act (CERCLA)?
9. What is the National Priorities List (NPL)?
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Document Summary

Disclaimer: this study guide is only that - a guide. The exam may include material that is not included on this study guide. Further, this guide may include material that is not included on the exam. Your preparation for the exam should not be limited to what is on this study guide. Important: to get a copy of the hypothetical that will be used on exam two, come to class or my office hours. Introduction to american environmental law: explain express and implied federal preemption of environmental policy under the supremacy. Clause of the u. s. constitution: explain the primary constitutional basis for most federal environmental regulation (commerce. Clause): describe how the dormant commerce clause has been used to restrict state bans on waste imports. Can any state ban on waste imports survive dormant commerce clause challenges? (from text: explain the takings clause of the 5th amendment as it relates to environmental law.