ENVS 2256 Lecture Notes - Lecture 20: Bench Trial
16 May 2018
School
Department
Course
Professor
ADMINISTRATIVE LAW!
!
law that governs agencies!•
Sierra Club v Morton -> underlying matter, whether administrative agency acted correctly!•
this topic governs the nuts and bolts of environmental suits!•
challenges to administrative rule making!•
!
!
the creation of an agency comes from some kind of legislative authorization!•
sometimes a formalized process!◦
sometimes more informal!◦
primary purpose of agency -> enforces the laws!•
!
subject to the judiciaries decisions!•
!
EPA!
what agencies can actually do?!•
enforce the laws!◦
2 Actions they can do!◦
1) Rulemaking -> quasi-legislative power!‣
2) Adjudication -> quasi-judicial power!‣
EPA has some kind of power form the other branches!◦
have a ton of power, seems to supersede the checks and balances system!◦
!
everything done by the agencies is governed by the Administrative Procedure Act!•
Sierra Club -> violate the APA!◦
!
1) Rulemaking -> leads to a regulation!
can't exceed the bounds of a statute!•
2 types of rule making!•
1) formal rule making -> almost never happens!◦
2) informal rule making -> !◦
!
To make a rule they have to...!
1) give public notice in Fed. regulation!•
2) needs to be opportunity for comment, 30-180 days!•
3) issue a final rule!•
has to address comments!◦
give a concise general statement of basis and purpose!◦
!
!
2) Adjudication -> quasi-judicial!
resolve legal disputes around one individual!•
saying that a law has been unfair to you!•
not appointed judges, administrative judges!•
the judges that work for the EPA are not appointed!◦
this changes many things, they are employed!◦
employees of the executive!◦
Article I courts -> !•
!
