ENVM(AAEC) 4930/6930, Fall.

2013

Exam 1, page 1a

All action in Georgia

Name or UGA ID #
1. The General Assembly enacts a statute that all meat products from bovines that have eaten the growth
promoter ractopamine must be labeled. A court decides the statute is valid under Food and Drug Act
labeling regulations. What would be the most likely constitutional challenge by a firm selling beef products
and how should it be analyzed (4)?

2.

Where is the best place (official document) to check for a new environmental regulation by the EPA (4)?

3.

Crista is unhappy with a local regulation that precludes an activity on her property. She learns that a state
law occupies the field on the activity. What does this mean and what should she do (4)?

4.

For North Americans, what are the major health concerns from climate change (3)?

5.

What are the three types of federal rulemaking (6)?

6.

What are the two legal terms for two discovery mechanisms in which persons answer questions about facts
relating to a lawsuit (4)?

7.

What is in rem jurisdiction (3)?

ENVM(AAEC) 4930/6930, Fall. 2013

Exam 1, page 2a

8.

What is an interlocutory appeal (3)?

9.

What federal constitutional provision explicitly guarantees protection of the environment (3)?

10. Why is a persons domicile important under the law (4)?

11. Under property law, what is the right of redemption (3)?

12. What is the purpose of the 60-day period in litigation involving a citizen suit (4)?

13. For a civil lawsuit, what is normally the second legal document that is served (3)?
14. What is a judgment on the pleadings (4)?

15. What is the significance of the Tenth Amendments statement on powers not delegated (3)?

ENVM(AAEC) 4930/6930, Fall. 2013

Exam 1, page 3a

16. The General Assembly passes a law prohibiting the discharge of domestic wastewater through ocean
outfalls after December 31, 2015, except for POTWs serving less than 5,000 households. Woodbine, a
Georgia community with 5,300 households claims the law is discriminatory as it will need to upgrade its
POTW while a similar community with 4,900 households is exempt. What is the issue and how should the
trial court examine the allegation (4)?

17. Athens validly adopts a loitering ordinance. What is the most likely constitutional argument for challenging
the ordinance (3)
18. How does the locavore movement attempt to address climate change (4)?

19. Why does or doesnt due process apply to agency rulemaking (3)?

20. A federal agency in Georgia decides to terminate Teds disability benefits based on evidence that he no
longer qualities for the benefits. They mail him a notice and stop paying. Ted wants to challenge to
decision. What might be his best argument and why (4)?

21. Under American jurisprudence, what is a categorical taking (3)?

ENVM(AAEC) 4930/6930, Fall. 2013

Exam 1, page 4a

22. How does the Fourth Amendment affect the enforcement of environmental regulations (3)?

23. The parties to a lawsuit want to use a process that would facilitate a negotiated settlement. What dispute
resolution process should they choose (3)?
24. It is learned that a specific provision of the Georgia Waste Control Law is in conflict with a specific
provision of the Georgia Safe Drinking Water Act. Which provision controls and why (4)?

25. Who adopts federal regulations and what is the official published source of current regulations (where all
the regulations on a topic are in sequence) (4)?

26. Build Inc., a Texas corporation, commits a tort in Georgia injuring Carl (a Georgia resident) resulting in
damages of $10,000. Can Carl successfully maintain a suit in either a federal or state court, and why (4)?

27.

Cindys factory pollutes the Oconee River in Athens by the deposit of hazardous chemicals in the water
without a permit. This is violation of federal law. Can she be criminally, civilly, or both civilly and
criminally liable for her single action and why (3)?

28. How is the U.S. EPA addressing climate change from GHGs (3)?