Environmental Law: Unit 1 Study Guide

Legal principle of determining points in litigation according to precedent.

A rule issued by the president to the executive branch having the force of law.

the obligation to prove one's assertion.

A principle which means that the authority to govern is divided by two sovereigns and/or systems.

Establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the supreme law of the land.

Idea that certain common properties were held in trust by government for the free and impeded use of the public.

Supreme court is known as the____________________ because there can be no appeal from its decision; it is the final legal authority to which a party can appeal to resolve a judicial dispute.

Requirement that a person who brings a suit be a proper party to request a judication of the particular issue at hand or involved.

The case must need a decision.

Confers new powers on an entity or permits something that was previously prohibited or not allowed.

a policy or attitude of letting things take their own course, without interfering.

A situation in which individuals with access to a public resource act in their own interest and, in doing so, ultimately deplete the resource.

the burden on a shared resource that is created by its use or overuse by people who aren't paying their fair share for it or aren't paying anything at all.

the body of law that regulates the operation and procedures of government agencies.

Commodities or services that benefits all members of society, and which are often provided for free through public taxation.

A daily report containing presidential documents & new and amended Federal regulations.

The imposition of a cost on another party with out consent, or the provision of a benefit with out prior agreement.

Process of policy formula that brings representatives of affected interests. Acts on an equal basis with outside parties to reach consensus on the content of the proposed rule.

Any body created by a legislative branch to carry out specific duties.
-make rules ( legislative)
-enforces law (Executive)
- interprets law (judicial)

-Increase training within the law
-When in a position to delegate, keep eye on the task delegated.
- Ask the EPA for help with an audit. Lightens penalty by for going the gravity portion.

-not a step but helps by avoiding to break rules/regulations

Yes, due to the commerce clause, congress has power to regulate commerce among the states and foreign nations to pass laws. But, states within themselves have the right to vote to establish said law into effect.



ex: Upton Sinclair's : The jungle

Yes, because by neglecting where the law requires care, or in action where it imposes a law makes whom in charge guilty.

Administrative Procedure Act governs the process by which federal agencies develop and issue regulations.

-created by FDR, Alphabet Soup and the New Deal

To ensure that agencies keep public informed of their organization, procedures and rules.

To provide for public participation in the rule-making process.

To prescribe uniform standards for the conduct of formal rule making and a judicatory proceedings.

To restate the law of judicial review.-

-primary type of rule making
- most efficient in time and cost
- published in Fed. Register with explanation
- Does not require a public hearing
- for it being informal, can lack transparency

-initiated as informal
- requires a hearing
- EXPENSIVE
- Most transparent was to make a rule

-combination of formal and informal
- published in Fed. Register
- Submission of written comments
-informal public hearing
-restricted cross examination

-Heads of those agencies are appointed by the president and approved by the senate and may be removed at anytime.

-These agencies are part of the executive branch of government.

- Run by a board of commissioners serving fixed terms that they may only be removed for cause.

-focused on specific industries
-less accountable to the president or political whims

-some agencies do not fall into one category or the other.

Every time a federal agency undertakes an activity it must decide whether to file an Environmental Impact Statement. Activity must me major and federal.

A statement of environmental impacts (positive or negative) of the proposed actions.

Any unavoidable adverse environmental impacts should the proposed be implemented.

Alternatives to the proposal (including taking no action)

The relationship between short term uses of the environment and the enhancement of long term productivity.

Any irreversible commitments of resources.

allows congress to regulate interstate commerce

a condition or activity which unduly interferes with the use of land or a public place.

-does not refer to the conduct that causes the harm, but to the type of harm caused by the conduct.

is a non-trespassory invasion of or interference with an interest in the private use and enjoyment of land.

Location where a case is heard; based on where dispute occurred geographically.

a condition or activity which unreasonably interfere(s)(ed) with the use of a public place or with the activities of an entire community (aka a public right).

1) There was a nuisance—that there indeed was a nuisance.

2) The nuisance caused significant harm

3) The defendant was one of three things:
-negligent
- Intentional in harm caused
- engaged in an abnormally dangerous activity

4) (defendant's) conduct in causing the nuisance was unreasonable (negligence and intentional)