1. A Federal Agency Wants To Create A Disposal Facility For Nonhazardous Waste. A Site Has Been Selected, But Agency Officials Refuse To Prepare An EIS. The Officials Argue That There Will Be No Significant Impact On The Quality Of The Human Environment

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1. You work as a paralegal at a prestigious environmental law firm. One of your clients, Kevin Lomax, who owns a facility that generates and transports hazardous waste, calls to inform you that he just received a letter from the EPA. The letter states that an EPA representative will be on-site to perform a detailed inspection of the premises within a couple months. Mr. Lomax is very concerned about this letter and asks your law firm to help him understand what he should expect during the inspection. Specifically, Mr. Lomax wants to know what the EPA representative can inspect and what punishment may be imposed on the facility if problems are found.

 

2. Tom Transporter is unemployed, and in order to make some money, he decides to use his pickup truck to haul away garbage for any local business that will pay him. Tom’s customers give him large tips for hauling away hazardous waste. As a “transporter” of hazardous waste, what does RCRA require of Tom?

3. Harriet Homemaker likes to use her barbeque to make dinner for her family. Harriet, however, uses lighter fluid and wastes a lot of it. She disposes of half-full lighter fluid bottles in her kitchen garbage, and the garbage men take them away when she puts her trash out for collection. Harriet’s ex-husband reports her to the EPA for violating the provisions of the RCRA. What is the likely result?

 

4. You are working as a paralegal for the law office of Daniel Kaffe. Nathan Jessup, a local entrepreneur who is in the business of transporting various flammable liquids, calls to set up an immediate appointment to discuss a potential issue. At the time, Mr. Kaffe is out of town and will not be returning for a couple days. Later that day, Jessup comes in to speak with you about the situation. Jessup tells you that one of his trucks that was transporting 1,000 gallons of highly flammable liquids overturned near a local school. He is not sure what to do and asks you for your advice. Given the urgency of the matter, what should you instruct Jessup to do?

5. Gary Gasoline owns a gasoline filling station called “Gary’s Gas.” Gary’s Gas sells gasoline and nothing else. It does not offer services such as oil changes. Gary’s gas tanks are located near the pumps, underneath the concrete, and they have started to leak. Does CERCLA apply to Gary’s Gas?

 

6. Nancy P. Lovely, in search of a tract of land to build her estate on, finds exactly what she is looking for. Curious why the tract has been abandoned for many years, she contacts the local tax assessor’s office and is told that the property is on the National Priorities List (NPL), and other potential buyers have been discouraged from buying the property as a result of this. Assuming that the NPL is a list of the most desired properties in the nation, she begins taking steps to purchase the property. What is the NPL? Is there automatic liability under CERCLA and other statutes for owners of the property on the NPL?

 
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