Environmental Agencies

Issue general forward-looking rules that announce policy applicable to a range of individual circumstances. Agency gives notice to all interested parties and after

The whole or part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy describing the organization, procedure, or practice requirements of an agency.

1. General notice published in Fed. Register or personally served to people it applies to.

2. period in which interested persons can participate in the rulemaking through submission of written data, views, or argument. The agency will incorporate into the rules a concise general statement of their basis and purpose

3. The final rule must be published no less than 30 days before its effective date.

4. the agency will allow any interested party to petition the issuance, repeal, or amendment of the rule.

General notice in Fed Reg. Notice must include:

where, when, and nature of the rulemaking proceedings,

reference to the legal authority under which the rule is proposed;

the terms or the substance of the proposed rule or a description of the subjects of the proposed rule.

- departure in final rule from proposed rule
- if logical outgrowth from the original rule, then no need to re-notice and start the process again.

a process in American administrative law, used by federal agencies, in which representatives from a government agency and affected interest groups negotiate the terms of a proposed administrative rule.
After they negotiate the proposed rule, it goes through the notice and comment process. Takes in to account collective rule making/commentary at an earlier point.

1. technical expertise
2. efficiency in the comment rule making process.
3. litigation avoidance.

Private bargaining
EPA abdicating its responsibility as a fiduciary to the public.

Where an administrative judge makes individual decisions applying agency rules to specific, concrete situations. Issuance of permits, enforcing actions for noncompliance and funding programs. Has an immediate impact on the parties.

1. Formal
2. Informal

Formal Standards apply when adjudication is required by statute to be determined on the record after the opportunity for an agency hearing.

Standards require notice and an opportunity for the submission and consideration of facts in addition to a hearing and decision.

results in a trial-type hearing and an opportunity to testify, submit evidence and cross examine adverse witnesses.

is before an administrative law judge and may be appealed to higher levels of authority such as an agency head.

Adjudication that is not on the record. Although the APA does not require, many agencies have adopted requirements to satisfy due process on judicial review: (1) an administrative record (2) Contemporaneous explanation of the decision

558c: Limit on sanctions: Agency must give written notice of facts or conduct that gives rise to sanctions like revoking a federal permit or license.

555(a): requires a brief statement on the grounds for denial of an application, permit, or other agency request.

EPA's system of adjudication focuses on permitting appeals and challenges to administratively-imposed penalties.

has two levels: ALJ's and the environmental appeals board.

o Army Corps of engineers
o Federal land management agencies (US Forest Service, Parks Service, Fish and Wildlife, Lands Management). FWS is under interior and can set animals and fish in ESA.
o Department of Commerce - Environmental jurisdiction over Fish
o Department of Agriculture - Environmental jurisdiction Protected plants.

A statute enacted by Congress that authorizes the creation of an administrative agency and specifies the name, composition, purpose, and powers of the agency being created.

CAA, RCRA, CERCLA, CWA, etc.

(1) federal model: One major agency with small agencies over pockets of land.
(2) Multiple agency model. Handful of powerful agencies with strong jurisdictional powers.

Multiple agencies. General land office. Texas Parks and wildlife, Railroad commission