Exam 2

Question 1

Administrative law areas (and diagram)

Answer 1

1. Federal administrative law (administrative process act)

2. State (APA)

Question 2

Rulemaking (formal and informal)

Answer 2

Formal-most important issues (hearing and testimony)

Informal-advertise in Federal Register

Question 3

Goldberg v. Kelly (1921)

Answer 3

Due process in a welfare termination case, you have right to notice, hearing, written allegations…

Question 4

Matthews v. Eldridge (1976)

Answer 4

Cutting off social security benefits isnt as big as welfare (welfare is safety net)

Question 5

FOIA

Answer 5

Freedom of Information Act-citizens can file FOIA in many circumstances ex-suong federal agency for case info

Question 6

Ultra Vires

Answer 6

Beyond your authority (ex Pruitt’s ‘scientists’ do not have scientific background to change environmental measures)

Question 7

Administrative Law Judges

Answer 7

Specifically empowered to decide cases regarding certain agencies (fines, compliance order, corrective order)

Question 8

Organic Statute/enabling legislation

Answer 8

Outlines the duties of a certain agency. This is original establishment of agencys power and restricts them to these certain duties.

Question 9

Limits on agency power

Answer 9

Statute that establishes agency tells agency their duties, politics and funding greatly control agency, specific APAs (ex no secret business)

Question 10

Federal Tort Claims Act

Answer 10

Used when suing federal employee for negligence

Question 11

Legislative veto in IWS v. Chadha (1986)

Answer 11

Appeal to cancel actionsof kicking out an immigrant to Attorney General, but also said they could veto Attorney Generals decision if we do not like it. Supreme court said this was unconstitutional

Question 12

Citizens of Overton Park v. Volpe

Answer 12

All administrative actiom is presumed to be subject to legislative review unless it has specifically not to be. (Even if it has been said otherwise they cannot do unconstitutional actions)

Question 13

Capture

Answer 13

When a federal agency is taken over by big business (ex Scott Pruitts EPA)

Question 14

Tort law and env limitations

Answer 14

Tort-an action for an individual wrong to someone. You usually are suing insurance company, not for persons assets.
Intentional torts-usually with parallels to criminal (assault, battery, theft…) with an element of intent
Punitive torts-must arise to a felony basically, really hard to get

Limits are that it is more personal, between individuals, better luck using environmental statutes

Question 15

Private and Public Nuisances

Answer 15

Private nuisance-affects relatively few people

Public nuisance-affects many people

Question 16

Boomer v. Atlantic Cement

Answer 16

Complaint about dirt and smoke from company. Claimed as nuisance and gave plaintiffs $, but injunction to stop activity was denied

Question 17

Balancing Test

Answer 17

Weigh out each site $ and jobs company provides v pollution

Question 18

Green tax

Answer 18

Tax on polluting behaviors ex. Boulder Co. Taxes to reduce emissions succeeded

Question 19

National Environmental Policy Act (NEPA)

Answer 19

Passed in 1970-biggest envr statute there is-establishes the OCEQ, requires federal agencies to take env consequences into consideration, environmental impact statements

Question 20

Winter v National Defence Council (NRDC)

Answer 20

Plaintiffs wanted to stop use of sonar in area of marine habitat because of potential harm. Temporary injunction sought for research. Supreme Court said plaintiffs must show injury in evidence, not just possibility of injury.

Question 21

Environmental Impact Statement

Answer 21

1) show environmental problems 2) any alternatives 3) any irreversible commitments of resources

Question 22

Robertson v Seattle Audobon Society

Answer 22

filed two separate suits in federal district court seeking to enjoin harvesting timber in forests managed by the United States Forest Service and the Bureau of Land Management. The suits challenged five federal statutes. In response, Congress enacted part of Related Agencies Appropriations Act, which required harvesting in certain areas, while prohibiting it in others.

Question 23

Adjudication

Answer 23

a formal judgment on a disputed matter. (Going to court to have decision drawn)

Question 24

Arbitrary and Capricious Actions

Answer 24

Clear error in judgement

Question 25

Pollution as an externality

Answer 25

The social costs include the private costs of production incurred by the company and the external costs of pollution that are passed on to society. 

Question 26

Energy Star Program

Answer 26

ENERGY STAR is a U.S. Environmental Protection Agency voluntary program that helps businesses and individuals save money and protect our climate through superior energy efficiency.

Question 27

Joint tenancy

Answer 27

the holding of an estate or property jointly by two or more parties, the share of each passing to the other or others on death.

Question 28

Tenancy in Common

Answer 28

shared tenancy in which each holder has a distinct, separately transferable interest.

Question 29

Tenancy by the entirety

Answer 29

A type of concurrent estate in real property held by a Husband and Wife whereby each owns the undivided whole of the property, coupled with the Right of Survivorship, so that upon the death of one, the survivor is entitled to the decedent's share.

Question 30

Life estate

Answer 30

a life estate is the ownership of land for the duration of a person's life. In legal terms, it is an estate in real property that ends at death when ownership of the property may revert to the original owner, or it may pass to another person.