Which of the following conditions will lead to the courts not finding an agency's actions to be arbitrary, capricious, or an abuse of discretion:
a. the agency has sufficiently explained the facts and its policy concerns
b. the agency has established a factual basis that is in the agency's record c. public opinion strongly supports the agency's decision
d. all of the other specific choices are correct
e. none of the other specific choices are correct
Question 2
In an action alleging environmental damage, by use of the common law of trespass, the plaintiff must show that the:
a. pollution is an unreasonable interference and the defendant is not using the best control technology available b. defendant's activities breached a duty of care to the plaintiff and directly caused the injury to the plaintiff'shealth
c. defendant's pollution significantly affected the public health and welfare in the area
d. defendant's pollution was dangerous and the direct cause of the plaintiff's health injuries e. none of the other choices
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