ENVS 2256 Lecture 21: Appealing Administrative Adjudications
16 May 2018
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Appealing an administrative adjudication -> the people that appeal are the people that lost!
someone is upset with the EPA, EPA made the administrative decision!◦
adjudication -> loose synonym for the process of making a law!◦
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First, someone appeals an administrative adjudication!•
then it goes to the DC Circuit court of appeals, with totally different judges!•
District/Trial court reviews question son facts!•
unique position, they deal with questions of law and questions of fact!◦
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Appeals court will only overturn fact-finding decisions that were completely erroneous!
the conclusion they reached from a fact was totally wrong !•
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if the SCOTUS can't make a factual decision!•
they will remand it all the way back down!•
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if the record said he completely denied them service and this was the same with both!•
can't discriminate on basis of sexual orientation!◦
clear error !◦
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SCOTUS only wants to deal with questions of law!
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Is Court Reviewing!
1) question of fact? -> substantial evidence!
2) question of law? -> de novo!
3) mixed questions of law and fact -> arbitrary and capricious!
no sense to the application!◦
4) reviewing agencies -> interpretation of a statute!
when somebody challenges a regulation!◦
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Chevron Deference!!
1) Is Congress Ambiguous!•
if YES -> 2) is agencies interpretation reasonable?!•
will only overturn agency interpretation of a statute if arbitrary and capricious!•
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can sue if the EPA passes a regulation that injures you!•
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Agency Expertise!
if a court is reviewing whether agency interpreted agency properly!•
if the statute is not ambiguous, the court doesn't need to review fully!•
if it is ambiguous!•
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EXAMPLE!
Every truck needs to be blue!
the agency says that we want to pass a regulation saying all trucks must be light blue!
doesn't contradict the statute but it narrows it!•
Document Summary
Appealing an administrative adjudication -> the people that appeal are the people that lost someone is upset with the epa, epa made the administrative decision adjudication -> loose synonym for the process of making a law. First, someone appeals an administrative adjudication then it goes to the dc circuit court of appeals, with totally di erent judges. District/trial court reviews question son facts unique position, they deal with questions of law and questions of fact. Scotus only wants to deal with questions of law. > de novo: mixed questions of law and fact -> arbitrary and capricious no sense to the application, reviewing agencies -> interpretation of a statute when somebody challenges a regulation. Chevron deference: is congress ambiguous if yes -> 2) is agencies interpretation reasonable? will only overturn agency interpretation of a statute if arbitrary and capricious can sue if the epa passes a regulation that injures you.
