question
record of decision
answer
formal statement identifying and explaining an agency decision
question
Finding of No Significant Impact (FONSI)
answer
A public document that briefly presents the reasons why an action will not have a significant impact on the quality of the human environment and therefore will not require preparation of an environmental impact statement.
question
environmental assessment
answer
a screening tool used to analyze whether an EIS is required under NEPA
question
supplemental EIS
answer
an adition to an EIS that MAY be needed under NEPA if the agency makes substantial chagnes in a proposed action
IF significant new circumstances arise, or if new information becomes available
IF significant new circumstances arise, or if new information becomes available
question
EIS
answer
a requirement of NEPA for legislative and federal action proposals that significantly affect the quality of the human environment
question
national e-policy and gols are set forth in a STATUTE
answer
true
question
do federal agencies HAVE TO consider the e-consequences of their actions?
answer
YES: section 102 of NEPA has provisions intended to FORCE agencies of the fed gvt. to consider e-consequences in light of the broad policy goals of section 101 of NEPA
question
what did Calvert Cliffs' case do?
answer
it made preparation of an EIS become a formal legal requriemetn
this has significantly influenced fed agency choice making
FAILURE of an agencny to comply w/ the req. of NEPA are subject to j-review by the courts
this has significantly influenced fed agency choice making
FAILURE of an agencny to comply w/ the req. of NEPA are subject to j-review by the courts
question
are the requirements of NEPA purely procedural?
answer
YES
SCOTUS has taken teh view that NEPA is purely procedural
SCOTUS has taken teh view that NEPA is purely procedural
question
taking
answer
under the ESA, action to "harass, harm, pursue, hunt, shoot, wound, kill,trap, capture, or collect, or attempt to engage in any such conduct"
question
God Squad
answer
cabinet-level review board created by ESA to provide flexibility under the ACT
the ESA committee has the power to grant exemptions under the ACT
the ESA committee has the power to grant exemptions under the ACT
question
can economic considerations be used to decide if a speices should be listed as endangered or threatened?
answer
NO
ESA says if it is listed as such, be made solely on basis of the best SCIENTIFIC and comercial data
ESA says if it is listed as such, be made solely on basis of the best SCIENTIFIC and comercial data
question
is taking ONLY refering to adoption of aniaml as a pet?
answer
NO
taking is broadly defined and basically to PREVENT HARM to a protected species
taking is broadly defined and basically to PREVENT HARM to a protected species
question
one way the fed agencies show they have CONSIDERED consequences of their proposed actions is t/ the prep of an
answer
EIS-envt. impact statement
question
the PMN-premanufacture notification program was est. by
answer
TSCA: toxic substance control act
question
CZMA is a good example of waht
answer
coastal zone management act
-federalsim--req states to develop plans that meet the req. of fed law
-federalsim--req states to develop plans that meet the req. of fed law
question
this agency has authority to manage national forests
answer
USFS--united states forest service
question
designating critical habitat for an endangered spepcies, WHAT must be taken into consideration
answer
economic impact
question
EPA has the authority to regulate certain pesticides, including conducting inspections and req. labeling of pestides, under
answer
FIFRA--insect, fungs, rodent
question
speices LIKELY to become endangered
answer
threatened
question
if a state fails to achieve compliance w/in its borders....state may be subject to
answer
FIP--federal implementation plan
question
the following info may be relied upon to decide if endangered or threated
answer
scientific data
question
this stat. est. a natiaonl hazardous waste management program....solid waste plans...and undergroudn storage tanks
answer
RCRA--recreation conservation and recovery act
question
CAA est. how many pollutants
answer
6
question
taking is defiend as what by the EPA
answer
harass, harm, pursue, hunt, shoot, wound, kill,trap, capture, or collect
question
est. a health-based safety standard for pesticdie residues in all foods
answer
FQPA--food quality
question
says EPA ahs to est. tolerances for pestidece residues in animal food or animal feed
answer
FDCA--food, druga, and cosmetic act
question
where are roads not permitted
answer
wilderness
question
where do AA get their power from
answer
delegation doctrine and statute called enabling legislation
question
delegation doctrine
answer
can a branch of gvt. constiutionally assign some of its powers/ delegate duties to an AA
question
which body can delegate to agency?
answer
legislative branch
question
enabling legislation
answer
AA are est. to carry ou t the terms of the law
it EST. an AA
it EST. an AA
question
powers typically given to AA
answer
Leg
Exec
Judicial
Exec
Judicial
question
legislative power from AA
answer
RULES and REGS--have the force of law and may impose civil or criminal penalties for violation
question
EXEC
answer
ENFORCE provisions of the statute and agency Rand R
question
judicial power
answer
hold hearing and adjudicate individual disputes involving ? arising under agency rules and regs
question
substantive rules
answer
rules EST. or PRESCRIBING law....legally enforced in court
question
procedural rules
answer
rules GOV. the org, procedure, or practice of an agency or othe rgovt. entitity
question
Interpretive rules
answer
statements that show an agency's UNDERSTANDING of the meaning of language in stats/rules and regs
question
informal rule making
answer
aka notice and comment--most common
question
other forms of agency RM
answer
hybrid: F and I
formal: a rule made on the recrod after opportunity for an agency hearing
formal: a rule made on the recrod after opportunity for an agency hearing
question
Federal Register
answer
official gvt. publication agency statments of orgs, procedural rules, public notices, fed agency actions, and proposed actions must be printed
question
Chevron USA v. NRDC
answer
SCOTUS addressed the appropriate SOR for an AA INTERPRETATION of a state
--req. courts to defer to an AA interp in the stat that is authorized to administer
--req. courts to defer to an AA interp in the stat that is authorized to administer
question
EXEC powers used by AA
answer
enforce laws
-searches
-subpeanos
-seizure
-inspections
-searches
-subpeanos
-seizure
-inspections
question
what do ALJ do
answer
hear cases that they are authroized to under the APA or the agency's enablign stat
question
exhaustion of admin remedies doctrine
answer
MUST be fulfilled BEFORE a party seeks j-review
--seeking ALL POSSIBLE relief from the agency itself
--seeking ALL POSSIBLE relief from the agency itself
question
limits on agency power
answer
judicial
congressional
exec
agency
public
...international is NOT one
congressional
exec
agency
public
...international is NOT one
question
considerations taken into account on threshold issue of j-review available
answer
standing
live case or controversy
finalty
ripness
live case or controversy
finalty
ripness
question
live case or controversy
answer
must be an ACTUAL adversarial dispute or contested issue rather than a SPECULATIVE/HYPOTHETICAL one
question
finalty
answer
an agency decision MUST be final
question
ripeness
answer
legal issues must be shown that are appropriate for j-decision making and when DALAYING will = HARSHIP for the challenging party
question
Lujan v. Defenders of Wildlife
answer
case shows that PF MUST have standing= suffer a CONCRETE injury
question
SOR traditionally applied by the courts in revewing AA
answer
arbitrary and capricious test
question
arbitrary and capricious
answer
examines whetehr the agency had a REASONALBE, RATIONAL basis for its choice or action
question
Massachusetts v. EPA (2007)
answer
showed when an agency REFUSES to engage in rulemaking despite its stat mandate, a court CAN review the decision
question
FOIA-1962
answer
passe by congress in 1962 to provide a greater public access to docs held by AA
question
...
answer
...
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