PLSC 3333 – Test #1 – Enforcement

The "play Book"

How Congress will exercise its authority to provide for the common good and to regulate commerce is defined within the laws it passes. -- the laws align with the constitution.

Powers of Congress...

To lay and collect Taxes, Duties, Imposts, and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States;

To regulate Commerce with foreign Nations, among the several States, and with the Indian Tribes;

To make all Laws which shall be necessary and proper

[The President] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties...and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors...Consuls,...Judges of the Supreme Court, and all other Officers of the United States....

Duties of the President - [The President] shall take care that the Laws be faithfully executed...

A rule or command given by the President that has the force of law -- only while that president is in office (or until it is revoked by later administrations)

laws

action of agencies using law given power

mobilized
demobilized
directed
overturned
circumvented

(usually through judicial review)

President --(article II, section 2)--> department heads.

dept. heads --(delegate via admin/process law)--> to regional administrators.

regional administrators... have power to regulate and inspect ALL laws administered by the EPA.

a written law passed by a legislative body

All statutes/laws passed by Congress must conform to the rights and authorities established by the Constitution.
When a bill becomes a law, it is codified in the U.S. Code. -- labels the law with a title (#) and a provision (department)
Ex. FIFRA. 7. Agriculture

Code of Federal Regulations

helps understand / interperate the law

EPA proposes rules in the Federal Register, with public comment period.
Rules then are finalized in the Code of Fed. Regulations and are enforceable.

Responsible for:

Reporting and monitoring requirements alleged to have been violated. (doing so is a law)

Enforcing power of agency via rules/requirements

If needed, Enforcement Officers work with Inspectors and Attorneys to determine actions.

Administrative Procedure Act

-- how we practice all administrative law in the US, lays out the formula to interpertaion etc.

Legislative Rules - strongest

Interpretive Rules - mid

Procedural Rules - weakest

Rules created by an agency under the authority it is delegated

Public participation IS REQUIRED

Strongest in a court of law -- if EPA or other admin agency was in question because have had public opinion on constiutionality of rules/proceedures followed

Administrative agency rules that simply declare policies or explain the agency's positions and do not establish any legal rights or obligations -- grow out of role of agencies job, do not require public participation, basically a statement of work done.

Rules issued by an administrative agency establishing its own organization, method of operation, and rules of conduct for practice before it

subset of legislative rules --> Agency interpretation of its own procedures

No public participation required

administrations gain their power through the law, but they implement this power by rules, the rules are created and coded for via the Code of Fed. Regulations. --> this keeps the rules constitutional and allows the enforcement agencies to remiane in check while achieving compliance.

Inspections, complaints, consent agreements and final orders, hearings, penalties, dismissals

State level -- EPA approves plans submitted by the states and then local agencies like the Texas Commission on Environmental Quality carry out the actual enforcement ie. inspections etc..

Texas Commission on Environmental Quality (formerly TNRCC) writes Plan

EPA approves the Plan

State's responsibility to enforce Plan or EPA will take federal enforcement action:
--Federal Implementation Plan
--Withhold federal dollars to State and Locals

EPA provides oversight to State Department

EPA channels money to State

State performs inspections and enforces State Laws and provides assistance for Federal Laws

State outlines Work Plan with EPA approval (work plan = contract)

Gov't tool to assess compliance.
Examination of environmental affairs of a regulated entity.

Provide the basis of possible environmental actions.
Inspections are:

--> Routine
-->"For cause," when there is reason to suspect a violation.
--> Citizen complaint; monitoring report.

... can be announced or unannounced.

give authorization or consent to (someone) to do something. -- EPA or state will review an application outlining how the operations fit within the standards and issue permit.

Permits = Limit on operations
1. numerical
2. design or function
3. reporting/how often
4. general

violation = breeching terms agreed apon and often results in sanctions/criminal trial

Reports/Permits are reviewed by State or Federal Officers

Materials must be complete and thorough

Materials are collected to create logical "picture" of activity

Determines type of Enforcement Response

Facts --> to make informed decisions.

Informal:
- warning letter
- show cause
- compliance assistance

Formal:
- legal orders where administrative law judge presides -- criminal or civil prosecution.

Civil Judicial Response:
- Formal lawsuit in U.S. Federal Court by
- Department of Justice (DOJ)
- Civil penalties
-----> money, Supplemental Environmental Projects that "benefit" society, Contractor listing (not able to carry out jobs)
- Order specific actions to correct violation

Criminal Judicial Response:
- person knowingly & willfully violates the law
- DOJ prosecutes
- fines & imprisonment

Compliance ...

The protection of human health and the environment