Environmental Law

question

Societal norms

answer

reflection of the society

question

Statute

answer

a written law passed by a legislative body

question

regulation

answer

a rule or directive made and maintained by an authority/ agency. (EPA, OSHA)

question

Common Law

answer

A legal system based on custom and court rulings

question

What are examples of law

answer

1. Societal norms

2. Statute/ code

3. regulation

4.judicial decision

5. Common law

6. Constitutions

7. Agency decisions permits

8. Administrative law

question

Administrative law

answer

regulation, agency decisions and permits, and judicial decision

question

where to find eLAW

answer

1. United states code

2. Code of federal regulations

3. Federal register

4. judicial reports (cases)

question

Explain the gov't structure

answer

1. Three branches (legislative, executive and judical)

2. level (federal, state, and local)

question

explain the legislative branch

answer

The legislative branch is a branch of the government that has the power to make laws.

question

explain the executive branch

answer

The executive branch is a branch of the government that is in charge with the execution and enforcement of laws and policies and the administration of public affairs.

question

explain the judicial branch

answer

Interprets the laws and resolve conflicts

question

1. What is the primary source of authority of government agencies?

answer

The legislature is the main source of power of an administrative agency. Administrative agencies only carry the powers conferred upon them either by the statute or the constitution.

question

What is a regulatory taking?

answer

A government regulation that infringes upon private property ownership to such an extent that the regulation can be considered a taking, thus requiring just compensation.

question

What are some constitutional limit of govt authority?

answer

1. No law may violate the U.S constitution

2. No federal ELAW must have basis the U.S constitution

3. regulatory takings

question

Regulations/Rules

answer

limitations or restrictions on the activities of a business or individual

question

Administrative Law

answer

The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.

question

what are problems of administrative law

answer

1. potential for agency capture

2. scientific uncertainty

3. Cost - benefit analysis

question

Judicial Review

answer

Allows the court to determine the constitutionality of laws

question

standing

answer

a legal rule stating who is authorized to start a lawsuit

question

What are example case of APA right to Judicial review

answer

Overton park case

question

what cases are example of standing?

answer

1. sierra club vs morton case

2. Lujan case

question

Delegation Doctrine

answer

A doctrine based on the U.S. Constitution, which has been construed to allow Congress to delegate some of its power to administrative agencies to make and implement laws.

question

What are the three factors that a person can challenge an agency decision in court

answer

1. Administrative Procedure Act (APA) right of judicial review

2. Statutory citizen’s suit provision (e.g. – ESA, CWA)

Standing

question

3 part reasoning in whether to decide if the plaintiff ha standing

answer

1. injury in fact

2. causation

3. redressable

question

NEPA

answer

National Environmental Policy Act

question

categorical exclusion

answer

...

question

EIS

answer

environmental impact statement

question

EIS requirements

answer

- Timing

- Publish notice of intent in federal register

- Public comment

- Scoping – planning phrase at the beginning of EIS (who would be involved)

- Public comment

- Lead agency

- Draft EIS

- Final EIS

- ROD (record of Decision)

- Analysis of envir impacts

question

3 factors from the lujan case

answer

1. injury

2. causation

3. Redressable

question

Biodiversity

answer

the variety of life in the world or in a particular habitat or ecosystem.

question

3 levels of biodiversity

answer

genetic, species, ecosystem

question

esa

answer

endangered species act

question

Three things that happen when a species is listed

answer

1. designate critical habitat

2. impact of critical habitat designation

3. recovery

question

TVA vs. Hill (1978)

answer

Facts: building a dam at tellico

reasoning: yes, section 7 esa clearly requires it

question

2 phrases of the ESA act

answer

1. substantive vs procedural statute

2. section 7

1 of 35

question

Societal norms

answer

reflection of the society

question

Statute

answer

a written law passed by a legislative body

question

regulation

answer

a rule or directive made and maintained by an authority/ agency. (EPA, OSHA)

question

Common Law

answer

A legal system based on custom and court rulings

question

What are examples of law

answer

1. Societal norms

2. Statute/ code

3. regulation

4.judicial decision

5. Common law

6. Constitutions

7. Agency decisions permits

8. Administrative law

question

Administrative law

answer

regulation, agency decisions and permits, and judicial decision

question

where to find eLAW

answer

1. United states code

2. Code of federal regulations

3. Federal register

4. judicial reports (cases)

question

Explain the gov't structure

answer

1. Three branches (legislative, executive and judical)

2. level (federal, state, and local)

question

explain the legislative branch

answer

The legislative branch is a branch of the government that has the power to make laws.

question

explain the executive branch

answer

The executive branch is a branch of the government that is in charge with the execution and enforcement of laws and policies and the administration of public affairs.

question

explain the judicial branch

answer

Interprets the laws and resolve conflicts

question

1. What is the primary source of authority of government agencies?

answer

The legislature is the main source of power of an administrative agency. Administrative agencies only carry the powers conferred upon them either by the statute or the constitution.

question

What is a regulatory taking?

answer

A government regulation that infringes upon private property ownership to such an extent that the regulation can be considered a taking, thus requiring just compensation.

question

What are some constitutional limit of govt authority?

answer

1. No law may violate the U.S constitution

2. No federal ELAW must have basis the U.S constitution

3. regulatory takings

question

Regulations/Rules

answer

limitations or restrictions on the activities of a business or individual

question

Administrative Law

answer

The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities.

question

what are problems of administrative law

answer

1. potential for agency capture

2. scientific uncertainty

3. Cost - benefit analysis

question

Judicial Review

answer

Allows the court to determine the constitutionality of laws

question

standing

answer

a legal rule stating who is authorized to start a lawsuit

question

What are example case of APA right to Judicial review

answer

Overton park case

question

what cases are example of standing?

answer

1. sierra club vs morton case

2. Lujan case

question

Delegation Doctrine

answer

A doctrine based on the U.S. Constitution, which has been construed to allow Congress to delegate some of its power to administrative agencies to make and implement laws.

question

What are the three factors that a person can challenge an agency decision in court

answer

1. Administrative Procedure Act (APA) right of judicial review

2. Statutory citizen’s suit provision (e.g. – ESA, CWA)

Standing

question

3 part reasoning in whether to decide if the plaintiff ha standing

answer

1. injury in fact

2. causation

3. redressable

question

NEPA

answer

National Environmental Policy Act

question

categorical exclusion

answer

...

question

EIS

answer

environmental impact statement

question

EIS requirements

answer

- Timing

- Publish notice of intent in federal register

- Public comment

- Scoping – planning phrase at the beginning of EIS (who would be involved)

- Public comment

- Lead agency

- Draft EIS

- Final EIS

- ROD (record of Decision)

- Analysis of envir impacts

question

3 factors from the lujan case

answer

1. injury

2. causation

3. Redressable

question

Biodiversity

answer

the variety of life in the world or in a particular habitat or ecosystem.

question

3 levels of biodiversity

answer

genetic, species, ecosystem

question

esa

answer

endangered species act

question

Three things that happen when a species is listed

answer

1. designate critical habitat

2. impact of critical habitat designation

3. recovery

question

TVA vs. Hill (1978)

answer

Facts: building a dam at tellico

reasoning: yes, section 7 esa clearly requires it

question

2 phrases of the ESA act

answer

1. substantive vs procedural statute

2. section 7

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