ADMINISTRATIVE LAW EXAM
QUESTIONS & ELABORATED
SOLUTIONS PASSED 100%
A process by which administrators (departments, agencies, etc.) are going to seek to
ensure you comply with rules and regulations - CORRECT ANSWER Enforcement
Actions that are consistent with legal commands - CORRECT ANSWER Compliance
FIFRA
Environmental Defense Fund submitted a petition to the Secretary of Agriculture to
regulate DDT b/c hazardous to the public, secretary refused to act
Congress' intention was that cancelation notices be issued whenever there was a
substantial question of safety for a chemical, and the burden should shift to the
manufacturer to prove their safety. This cancellation is not a result of only scientific
assessment, and should balance the pesticide against its risks. This needs to happen in
the light of a public hearing.
In refusing to issue a cancellation, the secretary went against the statute as intended by
Congress. - CORRECT ANSWER Environmental Defense Fund v. Rukelshaus (1971)
Says that the EPA administrator shall regulate the standards for emission of any air
pollutant from any motor vehicle when the administrator judges the pollutant
causes/contributes to air pollution that endangers public health - CORRECT ANSWER
Clean Air Act, article 202 (CAA)
Environmental Protection Agency - CORRECT ANSWER EPA
MA petitions EPA to regulate CO2 emissions on motor vehicles; EPA said they didn't
have the authority to regulate b/c CO2 was not an air pollutant as defined under the
statute (any physical, chemical, biological, radioactive substance or matter which is
emitted into or otherwise enters the air). Additionally, they say that Massachusetts
doesn't have standing b/c there is widespread harm, and its decision not to regulate is
an insignificant contribution to the Petitioner's injuries. The Court holds that as long as
the plaintiffs prove that they themselves have been effected by the actions of an
agency, they can have standing, even when the effect is widespread. A state is bringing
the case, and a state is not a private individual, but states can have independent
interests apart from their citizens, and in this case the risk to the state of rising sea
levels is actual and imminent. EPA does not lack the authority, b/c - CORRECT
ANSWER Massachusetts v. EPA (2007)
Clean Water Act of 1972
, Gwaltney had repeatedly violated the conditions of the pollutant discharge permit. Two
environmental groups filed suit alleging the company would continue to violate the act,
but Gwaltney moved for dismissal b/c of subject matter jurisdiction (alleged that a citizen
could not bring a suit for a past action, and they were not violating the statute now). The
congressional language regarding whether or not citizens can bring lawsuits is
continually in present tense, suggesting that a citizen may bring a suit for an ongoing
violation that supplements rather than supplants governmental action. They are only
proper when a federal, state or local agency fails to exercise their enforcement
responsibility. Citizens cannot bring a suit for a wholly past violation. Citizen suits for
past violations undermines the supplementary role envisioned for the citizen suit. -
CORRECT ANSWER Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation Inc.
and NRDC (1987)
1. Purpose: to restore and maintain the chemical, physical and biological integrity of the
nations' waters.
2. Sec 402 establishes National Pollutant Discharge Elimination System (NPDES)
which allows the Administrator of the EPA to issue permits authorizing the discharge of
pollutants in accordance to specified conditions. States may establish own administrator
and permit program. Federal or state enforcement when someone fails to comply, and
private citizens may commence civil actions in the absence of federal and state
enforcement.
3. Gwaltney of Smithfield v. Chesapeake Bay Foundation, NRDC (1987) - CORRECT
ANSWER Clean Water Act of 1972 (sec. 402) and cases it is relevant to.
1. Must be a case/controversy, must be adversarial in nature
2. Plaintiff must satisfy that they have been caused injury in fact
3. APA: grants standing when someone has been "aggrieved by agency action within
the meaning of a relevant statute
4. Can be aesthetic, conservational, recreational and economic
5. Redressible - can the Court do anything about it? - CORRECT ANSWER Standing
Does the thing you're complaining about still exist?
Exception: If the Court will likely face this issue in the future again anyway - CORRECT
ANSWER Mootness
Must exhaust/complete all remedies before asking a particular court for review. Must go
through every step necessary to resolve dispute. - CORRECT ANSWER Exhaustion
must bring your case to the agency or court that has been assigned to hear your case -
CORRECT ANSWER Primary Jurisdiction
How thurough will/can the court be in reviewing a particular action by an agency?
Congress can limit this
QUESTIONS & ELABORATED
SOLUTIONS PASSED 100%
A process by which administrators (departments, agencies, etc.) are going to seek to
ensure you comply with rules and regulations - CORRECT ANSWER Enforcement
Actions that are consistent with legal commands - CORRECT ANSWER Compliance
FIFRA
Environmental Defense Fund submitted a petition to the Secretary of Agriculture to
regulate DDT b/c hazardous to the public, secretary refused to act
Congress' intention was that cancelation notices be issued whenever there was a
substantial question of safety for a chemical, and the burden should shift to the
manufacturer to prove their safety. This cancellation is not a result of only scientific
assessment, and should balance the pesticide against its risks. This needs to happen in
the light of a public hearing.
In refusing to issue a cancellation, the secretary went against the statute as intended by
Congress. - CORRECT ANSWER Environmental Defense Fund v. Rukelshaus (1971)
Says that the EPA administrator shall regulate the standards for emission of any air
pollutant from any motor vehicle when the administrator judges the pollutant
causes/contributes to air pollution that endangers public health - CORRECT ANSWER
Clean Air Act, article 202 (CAA)
Environmental Protection Agency - CORRECT ANSWER EPA
MA petitions EPA to regulate CO2 emissions on motor vehicles; EPA said they didn't
have the authority to regulate b/c CO2 was not an air pollutant as defined under the
statute (any physical, chemical, biological, radioactive substance or matter which is
emitted into or otherwise enters the air). Additionally, they say that Massachusetts
doesn't have standing b/c there is widespread harm, and its decision not to regulate is
an insignificant contribution to the Petitioner's injuries. The Court holds that as long as
the plaintiffs prove that they themselves have been effected by the actions of an
agency, they can have standing, even when the effect is widespread. A state is bringing
the case, and a state is not a private individual, but states can have independent
interests apart from their citizens, and in this case the risk to the state of rising sea
levels is actual and imminent. EPA does not lack the authority, b/c - CORRECT
ANSWER Massachusetts v. EPA (2007)
Clean Water Act of 1972
, Gwaltney had repeatedly violated the conditions of the pollutant discharge permit. Two
environmental groups filed suit alleging the company would continue to violate the act,
but Gwaltney moved for dismissal b/c of subject matter jurisdiction (alleged that a citizen
could not bring a suit for a past action, and they were not violating the statute now). The
congressional language regarding whether or not citizens can bring lawsuits is
continually in present tense, suggesting that a citizen may bring a suit for an ongoing
violation that supplements rather than supplants governmental action. They are only
proper when a federal, state or local agency fails to exercise their enforcement
responsibility. Citizens cannot bring a suit for a wholly past violation. Citizen suits for
past violations undermines the supplementary role envisioned for the citizen suit. -
CORRECT ANSWER Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation Inc.
and NRDC (1987)
1. Purpose: to restore and maintain the chemical, physical and biological integrity of the
nations' waters.
2. Sec 402 establishes National Pollutant Discharge Elimination System (NPDES)
which allows the Administrator of the EPA to issue permits authorizing the discharge of
pollutants in accordance to specified conditions. States may establish own administrator
and permit program. Federal or state enforcement when someone fails to comply, and
private citizens may commence civil actions in the absence of federal and state
enforcement.
3. Gwaltney of Smithfield v. Chesapeake Bay Foundation, NRDC (1987) - CORRECT
ANSWER Clean Water Act of 1972 (sec. 402) and cases it is relevant to.
1. Must be a case/controversy, must be adversarial in nature
2. Plaintiff must satisfy that they have been caused injury in fact
3. APA: grants standing when someone has been "aggrieved by agency action within
the meaning of a relevant statute
4. Can be aesthetic, conservational, recreational and economic
5. Redressible - can the Court do anything about it? - CORRECT ANSWER Standing
Does the thing you're complaining about still exist?
Exception: If the Court will likely face this issue in the future again anyway - CORRECT
ANSWER Mootness
Must exhaust/complete all remedies before asking a particular court for review. Must go
through every step necessary to resolve dispute. - CORRECT ANSWER Exhaustion
must bring your case to the agency or court that has been assigned to hear your case -
CORRECT ANSWER Primary Jurisdiction
How thurough will/can the court be in reviewing a particular action by an agency?
Congress can limit this
