ARE 309 (Quiz Topic 4) Administrative Law and Judicial Review

Article I, § 1 of the US Constitution states that "All legislative Powers herein granted shall be vested" in Congress.  Known as the "Non-Delegation Doctrine," this mandate theoretically restricts Congress' ability to delegate to the Executive branch its power to make law.  However, courts have allowed agencies rule-making authority to create law so long as Congress has passed an authorizing statute that provides a(n)                                                                       to guide the agency.

intelligible principle

Which of the following is function of an administrative agency?

a. \n rulemaking \n b. \n adjudication of disputes with the agency \n c. \n enforcement of regulations \n d. \n researc

Clean Air Act

EPA

Federal Mine Safety and Health Act

US Department of Labor

Endangered Species Act (mammals, reptiles, birds, freshwater fish)

US Department of Interior

National Forest Management Act

USDA

Article One of the US Constitution states that all laws shall be made by ____________.  This is known as the ____________ Doctrine, which in theory should prevent Agencies from promulgating rules that have the effect of law.  Courts have developed a rule of interpretation whereby if a statute supplies a(n) ____________ in its language, an Agency may legitimately ____________ rules that have the force of law.

Congress,

Non-Delegation Doctrine,

intelligible principle,

promulgate

When an Agency's authority under a statute to make a certain regulation is challenged, the Agency enjoys a __________ of its authority, unless the __________ can prove to the court's satisfaction that the agency lacked the authority under the statute to make the regulation.  This common law concept of "beyond the powers" is known as __________.

presumption,

plantiff,

ultra vires

involves hearings with sworn testimony regarding a proposed rule

Formal Rulemaking

involves public listening sessions and published notice for public comment in the Federal Register

Hybrid Rulemaking

involves published notice for public comment in the Federal Register only

Informal Rulemaking

involves no published notice of draft rule or opportunity for public comment

Exempt Rulemaking

When a *final* *major* *rule* is published in the Federal Register, at what point does it become law?

60 days after publication

The Administrative Procedures Act specifically prescribes a standard of review for regulations promulgated under the ***formal*** rule-making process where a hearing has been held.  This standard of review seeks to determine whether the agency's final regulation was                                                          .

Unsupported by substantial evidence

Mootness

has agency remedied the problem without injury to plaintiff?

Standing

Is this the proper plaintiff to challenge this rule, law or implentation thereof?

Exhaustion

has plaintiff gone through full agency adjudication when required to do so by statute or rule?

Ripeness

has plaintiff suffered the result of final agency action?

Ultra Vires

Agency must act within its statutory authority

Non-Delegation Doctrine

Statute must show an intelligible principle to guide agency

Arbitrary and Capricious

Agency failure to follow a specific statutory directive

*Chevron* Deference Doctrine

Permissible interpretation of a vague statute

The concept of standing derives its meaning from                                                        .

Judicial preference regarting the U.S. Const. Art. III requirement that federal courts hear only “cases or controversies.”

When a federal district court is granted subject matter jurisdiction by an environmental protection statute, it may only hear the case if what?

a. \n The plaintiff has standing \n b. \n The controversy is not moot \n c. \n The controversy is ripe for judicial review \n d. \n The court determines the agency's action is final

*Lujan v. Defenders of Wildlife* established a three (3) part test to determine whether a plaintiff has standing.  When a defendant has challenged a plaintiff's standing to bring the case, the first of a court's three questions is what?

Whether the plaintiff has a particularized injury

*Lujan v. Defenders of Wildlife* established a three (3) part test to determine whether a plaintiff has standing.  Assuming a plaintiff can get past the first question, which below is the second of the court's questions?

Whether the plaintiff's injury is causally connected to the agency's action

In the case of                                                                       , the U.S. Supreme Court established that federal courts must defer to the agency's interpretation of its means of executing that statute that is otherwise vague on how the agency should implement the purpose of the statute.

Chevron v. NRDC

When a federal district court is granted subject matter jurisdiction by an environmental protection statute, it may only hear the case if what?

a. \n The plaintiff has standing \n b. \n The controversy is not moot \n c. \n The controversy is ripe for judicial review \n d. \n The court determines the agency's action is final