Environmental Law
1. Distinguish formal from informal rule making.
In the context of administrative law, formal rule making denotes to the process that allows federal agencies to modify, annul, or create an administrative regulation. Unlike the informal rule making that requires a period of comment in which public members can present written feedback on a suggested rule, formal rule making makes it mandatory for the consideration of the suggested rule during a trial-like hearing process.
2. Explain when rule making is exempt from public participation.
Rule making denotes to the process in which administrative agencies modify, annul or create an administrative regulation. In many cases, public participation is required in the process. However, there are situations which are exempted from public participation and they include:
• An issue that relates to agency management of staff or to public property, grants, contracts, benefits or loans
• A foreign affairs or military function of the US
3. Explain the use of reg-neg.
Reg-neg denotes to the process where an agency or an organization formulates a suggested rule. In short, reg-neg is used to develop a proposed rule. Several agencies such as the Environmental Protection Agency and Occupational Safety and Health Administration have used reg-neg successfully. With reg-neg, a committee is developed and comprises of members that represent the different groups that the suggested regulation itself may affect. There is also the identification of an impartial facilitator.
4. Describe the grounds for which a rule made by an administrative agency can be overturned.
A rule may be overturned if the action:
• Contravenes constitutional or statutory provisions;
• Surpasses the statutory authority of the agency;
• Is made upon illegal process;
• Is uninformed, whimsical or an abuse of discretion; or
• Is unsupported by significant evidence in the record
5. Trace the steps of adjudication that must be followed by an administrative agency.
An administrative agency begins the adjudication process by first establishing that adjudication is in the interest of the public. The next step is to file a notice against a person that the agency observes to be in breach of the law that the agency is responsible for administering. For instance, the website of the Consumer Financial Protection Bureau asserts that the agency may instigate adjudication process by filing a Notice of Charges claiming that an individual has contravened a consumer protection law. In addition, a person may instigate the process of adjudication by appealing the decision of an agency or by applying for accreditation or licensure.
6. Why should anyone in a heavily regulated industry be familiar with the Federal Register?
Being familiar with the Federal Register is vital due to the information it offers. Being aware of the present regulations and rules is important for multiple businesses and people. It helps to ensure that they comply with it as well as be informed of any changes that occur to the rules and policies that may affect their livelihood. The Federal Register is also a great way for ordinary citizens to be aware of and take part in potential rule changes that can impact the overall population.
7. Describe the structure of the EPA.
A full-time Executive Board that comprises of a Director General and 5 directors are responsible for managing the EPA. The activities of EPA are organized into 5 offices, and every director is responsible for 1 office. The offices include the office of environmental enforcement, environmental sustainability, communications and corporate services, evidence and assessment and environmental monitoring.
8. How do legislative, executive, and judicial branches each restrict the activities of administrative agencies?
The legislature may restrict these activities by exercising its budgetary power by ensuring that the activities do not surpass the recommended budget allocation. The executive branch acts to exercise its power to reject, or veto the activities based on their legality. The judicial branch restricts the activities of administrative agencies by imposing judicial reviews upon their activities. These reviews are aimed at establishing the legality of the activities.
