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Env Law > Test 1 > Flashcards

Test 1 Flashcards

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Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

Basic Assumption 1

A

Private businesses. public interest is always in conflict.

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2
Q

Earth Day

A

1970

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3
Q

3 branches of gov.

A

legislative, excecutive, judicial

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4
Q

5th Amendment

A

affords defendants in an env criminal case with numerous protections, including protection against self incrimination

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5
Q

Three torts

A

Negligence, trespass, and nuisance

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6
Q

US constitution

A

outlines the structure and power of each branch of government for the political unit they control

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7
Q

4th amendment

A

protects against unreasonable search and seizure

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8
Q

excecutive

A

makes treaties with other countries
enforces laws
selected by electoral college
appoints supreme justices

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9
Q

rose vs. chaiken

A

case regarding noise pollution from a windmill in a densely populated neighborhood

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10
Q

Title 40

A

where env regulations are typically located

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11
Q

elements of administrative law

A

agency actions are not arbitrary or capricious
must act in accordance with regulation
must maintain a docket
agency decisions may be appealed to the courts

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12
Q

statutory law

A

passed by legislative bodies state or local (congress)

ex: clean air, clean water

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13
Q

Administrative law

A

freedom of info

administrative procedures act

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14
Q

constitutional law

A

out of judicial ruling

did they overreach

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15
Q

common law

A

judge judy case laws

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16
Q

senate

A

acts as a court during impeachments

17
Q

conference commitee

A

often needed in env law making process to reconcile house and senate versions of bills

18
Q

the owner of a private salvage law could invoke the 5th amendment if prosecuted by the epa

A

true

19
Q

judicial branch

A

rule on enforcement of laws

decides what a law means

20
Q

federalism

A

division of powers

21
Q

EPA on actions

A

can only take actions such as issuing regulations as specified in the specific statute

22
Q

state env laws can be less stringent than the fed govs

A

false

23
Q

27,500 per day

A

what penalties can be for non compliance of many env laws

24
Q

legislative branch

A 
prints money
divided into house and senate
punishes pirates
selected by polar vote
approves presidential appointments
collect taxes
25
Q

Problems are different now

A

less visible, more global

large sources are control, small are had to identify and plentiful

26
Q

why do regulations look how they do?

A

legal compliance vs. env performance
other ways of doing things (very beaurocratic)
belief in limited govt

27
Q

pro regulation

A

more stringent regulation to protect eh gov

28
Q

anti regulation

A

too expensive, stifles economic growth, reduces company competitiveness

29
Q

statues

A

laws created by congress
define crimes and penalties
found in us code books
individual states have their own books

30
Q

The policy cycle

A

policy formation->policy legitimation->policy implementation->policy evaluation->policy change–>

31
Q

Env Law

A

Interconnected system that encompasses:

laws, regulations, enforcement, common law, and us constitution

32
Q

US constituation

A

outlines structure of gov
identifies branches and power given
no law is valid if it goes against constitution

33
Q

treaties

A

made by the president when 2/3 vote senate becomes supreme law of the land

34
Q

regulations/enforcement

A

developed by the spa/by agency or dept of justice

35
Q

Research Conservation and Recovery Act (RCRA)

A

to protect human health and the env
reduce waste and conserve energy and natural resources
reduce or eliminate the generation of hazardous waste

36
Q

NEPA section 101b

A 
fulfil responsibilities as a trustee of env
ensure env safe surroundings
widest possible beneficial use of env
prservation and maintinence
balance between population and resources
enhance quality of renewable resources
37
Q

Threshold for EIS

A

is it federal? is it major? substantial commitment of resources Is is significant? significant impact of humans

38
Q

Environmental Assessment

A

public document to determine if EIS is needed
agency must provide evidence for no impact
or else eisj

Env Law (4 decks)

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