Flashcards in Exam 2 Deck (30):
Administrative law areas (and diagram)
1. Federal administrative law (administrative process act)
2. State (APA)
Rulemaking (formal and informal)
Formal-most important issues (hearing and testimony)
Informal-advertise in Federal Register
Goldberg v. Kelly (1921)
Due process in a welfare termination case, you have right to notice, hearing, written allegations...
Matthews v. Eldridge (1976)
Cutting off social security benefits isnt as big as welfare (welfare is safety net)
Freedom of Information Act-citizens can file FOIA in many circumstances ex-suong federal agency for case info
Beyond your authority (ex Pruitt's 'scientists' do not have scientific background to change environmental measures)
Administrative Law Judges
Specifically empowered to decide cases regarding certain agencies (fines, compliance order, corrective order)
Organic Statute/enabling legislation
Outlines the duties of a certain agency. This is original establishment of agencys power and restricts them to these certain duties.
Limits on agency power
Statute that establishes agency tells agency their duties, politics and funding greatly control agency, specific APAs (ex no secret business)
Federal Tort Claims Act
Used when suing federal employee for negligence
Legislative veto in IWS v. Chadha (1986)
Appeal to cancel actionsof kicking out an immigrant to Attorney General, but also said they could veto Attorney Generals decision if we do not like it. Supreme court said this was unconstitutional
Citizens of Overton Park v. Volpe
All administrative actiom is presumed to be subject to legislative review unless it has specifically not to be. (Even if it has been said otherwise they cannot do unconstitutional actions)
When a federal agency is taken over by big business (ex Scott Pruitts EPA)
Tort law and env limitations
Tort-an action for an individual wrong to someone. You usually are suing insurance company, not for persons assets.
Intentional torts-usually with parallels to criminal (assault, battery, theft...) with an element of intent
Punitive torts-must arise to a felony basically, really hard to get
Limits are that it is more personal, between individuals, better luck using environmental statutes
Private and Public Nuisances
Private nuisance-affects relatively few people
Public nuisance-affects many people
Boomer v. Atlantic Cement
Complaint about dirt and smoke from company. Claimed as nuisance and gave plaintiffs $, but injunction to stop activity was denied
Weigh out each site $ and jobs company provides v pollution
Tax on polluting behaviors ex. Boulder Co. Taxes to reduce emissions succeeded
National Environmental Policy Act (NEPA)
Passed in 1970-biggest envr statute there is-establishes the OCEQ, requires federal agencies to take env consequences into consideration, environmental impact statements
Winter v National Defence Council (NRDC)
Plaintiffs wanted to stop use of sonar in area of marine habitat because of potential harm. Temporary injunction sought for research. Supreme Court said plaintiffs must show injury in evidence, not just possibility of injury.
Environmental Impact Statement
1) show environmental problems 2) any alternatives 3) any irreversible commitments of resources
Robertson v Seattle Audobon Society
filed two separate suits in federal district court seeking to enjoin harvesting timber in forests managed by the United States Forest Service and the Bureau of Land Management. The suits challenged five federal statutes. In response, Congress enacted part of Related Agencies Appropriations Act, which required harvesting in certain areas, while prohibiting it in others.
a formal judgment on a disputed matter. (Going to court to have decision drawn)
Arbitrary and Capricious Actions
Clear error in judgement
Pollution as an externality
The social costs include the private costs of production incurred by the company and the external costs of pollution that are passed on to society.
Energy Star Program
ENERGY STAR is a U.S. Environmental Protection Agency voluntary program that helps businesses and individuals save money and protect our climate through superior energy efficiency.
the holding of an estate or property jointly by two or more parties, the share of each passing to the other or others on death.
Tenancy in Common
shared tenancy in which each holder has a distinct, separately transferable interest.
Tenancy by the entirety
A type of concurrent estate in real property held by a Husband and Wife whereby each owns the undivided whole of the property, coupled with the Right of Survivorship, so that upon the death of one, the survivor is entitled to the decedent's share.