Clarkson-11e
Appendix I:
Sample Answers for End-of-Chapter
Questions with Sample Answer
Chapter 45: Environmental Law
45–2. Question with Sample Answer
Fruitade, Inc., is a processor of a soft drink called Freshen Up. Fruitade uses
returnable bottles, which it cleans with a special acid to allow for further beverage
processing. The acid is diluted with water and then allowed to pass into a
navigable stream. Fruitade crushes its broken bottles and throws the crushed
glass into the stream. Discuss fully any environmental laws that Fruitade has
violated.
Sample Answer:
Fruitade has violated a number of federal environmental laws if such actions are
being taken without a permit. First, because the dumping is in a navigable
waterway, the River and Harbor Act of 1886, as amended, has been violated.
Second, the Clean Water Act of 1972, as amended, has been violated. This act
is designed to make the waters safe for swimming, to protect fish and wildlife,
and to eliminate discharge of pollutants into the water. Both the crushed glass
and the acid violate this act. Third, the Toxic Substances Control Act of 1976 was
passed to regulate chemicals that are known to be toxic and could have an effect
on human health and the environment. The acid in the cleaning fluid or
compound could come under this act.