environmental law test 4 - Assignment Essays

question

federalism

answer

a system of government where power is shared or divided among multiple governmental entities

question

preemption

answer

refers to federal law taking priority over state law
federal law > state law

question

supremacy law

answer

states that the US constitution and the federal laws will be the supreme law of the land

question

tenth amendment

answer

specifically reserves those powers not delegated to the federal government by the constitution to the states

question

interstate commerce

answer

simply commerce that occurs between parties in different states

question

commerce clause of the United States Constitution

answer

gives Congress the power to regulate commerce among the states

question

commerce clause

answer

A. Dormant Commerce Clause

question

Dominant Commerce clause

answer

is a constitutional theory that the Commerce Clause also prevents state legislation that discriminates against or interferes with interstate commerce

question

exception to Dormant commerce clause =

answer

quarantine to prevent communicable diseases

question

communicable diseases

answer

an illness caused by an infectious agent that occurs through transmission of an infected individual or object to a host

question

federal government will get powers that are...

answer

a. expressly (written down somewhere) given to it

question

state governments will handle everything that the federal government doesn't

answer

True

question

supremacy clause

answer

states that the US Constitution and the federal laws will be the supreme law of the land

question

express preemption by Congress

answer

a status arising when Congress expressly forbids the states from legislating in a particular area/subject
- written down

question

implied preemption by Congress

answer

a status arising when Congress intends (though does not expressly state) to override, supersede, or avoid state legislative activity

question

conflict preemption

answer

a status arising when state and federal law actually conflict, even if Congress is silent on the issue

question

field preemption

answer

a status arising when Congress intends to remove an entire area from state legislative authority

question

property clause

answer

gives Congress the power to make rules and regulations concerning property that belongs to the United States

question

administrative law

answer

the area of law related to the powers, duties, and procedures of administrative agencies

question

delegation doctrine

answer

means that the legislature will delegate power to an agency by statute

question

enabling legislation

answer

when a statute establishes an administrative agency
A. legislative power
B. executive power
C. judicial power

question

executive power

answer

i. administer
ii. enforce

question

powers of agencies

answer

1. rule making
2. enforcement
3. adjudicative powers

question

Types of rules

answer

A. substantive rules
B. Procedural rules
C. interpretive rules

question

substantive rules

answer

rules establishing law or policy

question

procedural rules

answer

rules governing the organization, procedure, or practice of an agency

question

interpretive rules

answer

statements that present an agency's understanding of the meaning of language in statutes or in its regulations

question

ways to make rules

answer

A. formal rule making
B. informal rule making

question

formal rule making

answer

is a rule made on the record after opportunity for an agency hearing

question

informal rulemaking

answer

is also known as notice-and-comment rule making
i. notice
ii. review
iii. publication

question

federal register

answer

the official government publication where public notices must be printed

question

bubble concept

answer

environmental enforcers take into account only the total amount of pollution that arises from a plant

question

enforcement

answer

a. civil suits against polluters
b. assists in criminal prosecutions
c. cleanup enforcement
d conduct searches
e. seize property
f. make inspections

question

adjudicative powers

answer

i. administrative law judge
ii. environmental appeal board
iii. exhaustion of administrative remedies

question

exhaustion of administrative remedies

answer

the legal doctrine providing that a party must seek all possible relief from an administrative body before a court will grant review of the contested against action
a. administrative law judge
b. environmental appeals board
c. court

question

limitations

answer

1. executive restraints
2. congressional restraints
3. judicial review
4. public restrains

question

judicial review

answer

occurs when a court reviews an agency's final action

question

the standard of review for administrative agencies is whether the decision was supported by what?

answer

substantial evidence

question

substantial evidence

answer

the agency had sufficient evidence to support its decisions

question

public restraints

answer

freedom of information at (FIOA)

question

where is the doctrine of preemption found?

answer

supremacy clause article 6

1 of 41

question

federalism

answer

a system of government where power is shared or divided among multiple governmental entities

question

preemption

answer

refers to federal law taking priority over state law
federal law > state law

question

supremacy law

answer

states that the US constitution and the federal laws will be the supreme law of the land

question

tenth amendment

answer

specifically reserves those powers not delegated to the federal government by the constitution to the states

question

interstate commerce

answer

simply commerce that occurs between parties in different states

question

commerce clause of the United States Constitution

answer

gives Congress the power to regulate commerce among the states

question

commerce clause

answer

A. Dormant Commerce Clause

question

Dominant Commerce clause

answer

is a constitutional theory that the Commerce Clause also prevents state legislation that discriminates against or interferes with interstate commerce

question

exception to Dormant commerce clause =

answer

quarantine to prevent communicable diseases

question

communicable diseases

answer

an illness caused by an infectious agent that occurs through transmission of an infected individual or object to a host

question

federal government will get powers that are...

answer

a. expressly (written down somewhere) given to it

question

state governments will handle everything that the federal government doesn't

answer

True

question

supremacy clause

answer

states that the US Constitution and the federal laws will be the supreme law of the land

question

express preemption by Congress

answer

a status arising when Congress expressly forbids the states from legislating in a particular area/subject
- written down

question

implied preemption by Congress

answer

a status arising when Congress intends (though does not expressly state) to override, supersede, or avoid state legislative activity

question

conflict preemption

answer

a status arising when state and federal law actually conflict, even if Congress is silent on the issue

question

field preemption

answer

a status arising when Congress intends to remove an entire area from state legislative authority

question

property clause

answer

gives Congress the power to make rules and regulations concerning property that belongs to the United States

question

administrative law

answer

the area of law related to the powers, duties, and procedures of administrative agencies

question

delegation doctrine

answer

means that the legislature will delegate power to an agency by statute

question

enabling legislation

answer

when a statute establishes an administrative agency
A. legislative power
B. executive power
C. judicial power

question

executive power

answer

i. administer
ii. enforce

question

powers of agencies

answer

1. rule making
2. enforcement
3. adjudicative powers

question

Types of rules

answer

A. substantive rules
B. Procedural rules
C. interpretive rules

question

substantive rules

answer

rules establishing law or policy

question

procedural rules

answer

rules governing the organization, procedure, or practice of an agency

question

interpretive rules

answer

statements that present an agency's understanding of the meaning of language in statutes or in its regulations

question

ways to make rules

answer

A. formal rule making
B. informal rule making

question

formal rule making

answer

is a rule made on the record after opportunity for an agency hearing

question

informal rulemaking

answer

is also known as notice-and-comment rule making
i. notice
ii. review
iii. publication

question

federal register

answer

the official government publication where public notices must be printed

question

bubble concept

answer

environmental enforcers take into account only the total amount of pollution that arises from a plant

question

enforcement

answer

a. civil suits against polluters
b. assists in criminal prosecutions
c. cleanup enforcement
d conduct searches
e. seize property
f. make inspections

question

adjudicative powers

answer

i. administrative law judge
ii. environmental appeal board
iii. exhaustion of administrative remedies

question

exhaustion of administrative remedies

answer

question

limitations

answer

1. executive restraints
2. congressional restraints
3. judicial review
4. public restrains

question

judicial review

answer

occurs when a court reviews an agency's final action

question

the standard of review for administrative agencies is whether the decision was supported by what?

answer

substantial evidence

question

substantial evidence

answer

the agency had sufficient evidence to support its decisions

question

public restraints

answer

freedom of information at (FIOA)

question

where is the doctrine of preemption found?

answer

supremacy clause article 6

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