Environmental Law and U.S. Government Structure: Key Concepts and Court Procedures

What must a plaintiff demonstrate to have standing?

The plaintiff must have an injury in fact that is concrete or imminent, the injury must be fairly traceable to the challenged action of the defendant, and it must be likely that the injury will be redressed by a favorable decision.

Who appoints federal agency heads?

The President with the advice and consent of the Senate.

What are arbitration and mediation?

Two lawful alternatives to litigation.

Does the Environmental Protection Agency include the National Park Service?

False.

What must happen for a bill to become a law in the US?

Identical bill language must pass both the House of Representatives and the Senate.

What happens to bills passed by Congress and signed by the President?

They become statutes, which can be found in the U.S. Code.

What must a court have to render a binding decision?

Subject matter jurisdiction.

What does subject matter jurisdiction refer to?

It does not refer to the number of parties that can be involved in a case.

What is the source of authority for most environmental laws?

The Commerce Clause.

Can the Legislative Branch limit an agency's power?

Yes, by amending the agency's enabling or authorizing legislation.

What is the burden of proof in a civil case?

A preponderance of the evidence.

How many justices are on the US Supreme Court?

There are 9 justices.

Where must environmental law cases originate?

They do not always have to originate in one of the U.S. Circuit Courts.

What is the most recent U.S. Supreme Court case regarding agency deference?

It is not Sierra Club v. Morton.

What is one step involved in a bill becoming a law?

The signature of the President of the United States.

What does the Chevron standard involve?

It involves deferring to the agency's interpretation of an ambiguous statute as long as it was reasonable.

What does the Executive Branch of the U.S. government include?

It does not include members of the House of Representatives or the Senate.

What are threshold issues before bringing a lawsuit?

Standing, ripeness, and case or controversy must all be present.

Who has the authority to establish and maintain schools?

None of the above; only the federal government does not have this authority.

What must federal agencies do in the informal rule making process?

Propose regulation in the federal register and give members of the public an opportunity to comment.

What is a common criticism of the U.S. adversary system?

It unfairly benefits the wealthier party.

Is judicial precedent from federal district courts binding on all courts?

False.

What does venue refer to?

It does not refer to whether a case is civil or criminal in nature.

Do citizens have the right to a clean environment under the U.S. Constitution?

False.

What authority do federal agencies have?

To promulgate regulations, investigate for violations, and issue permits.