Conflict preemption is a form of express preemption, while field preemption is a form of implied preemption.

If protecting a species will be a burden on an individual, a business, or the government, the Endangered Species Act does not have to be followed due to the Monetary Exclusion Exception. 

An administrative agency exercises more power than allowed according to the statutes that created the agency. If one wanted to restrain the powers of that agency, which restraint would be the appropriate one to use in this situation?

The Clean Air Act  maintains the safety of drinking water.

The Clean Air Act  maintains the safety of drinking water.

The federal government indicated that it wants to pass a new law and that it will need to use a significant amount of resources to accomplish that new law. However, there won’t be any environmental impact by this new law at all. An environmental impact statement is required in this situation. 

Under CERCLA, a remedial action is one that addresses emergency situations to promptly diminish the threat posed by a hazardous waste site.

The “polluter pays principle” that we learned earlier on in the semester is applicable to CERCLA’s objectives.

To enforce the RCRA, the EPA can: 

The Resource, Conservation, and Recovery Act only applies to abandoned, inactive hazardous waste sites.