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Environmental Law

Common Law

Legislative History

NEPA & Presidential Counsel on

Environmental Quality

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Environmental Law

Federal vs. State laws vs. Local Laws

Preemption

Sovereign Immunity

Waiver

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Regulatory Law

Administrative Law in General

Statutory Authority: There has to be astatute given agency the authority to do

what is has to do. Regulation should not

conflict with statute

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Regulatory Law

Administrative Procedure Acts (APA): Sets

limits a to how government agencies

operate

Quasi Judicial Activities

Quasi Legislative Activities

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Hierarchy of Laws

US. Constitution

Federal Statutes

Federal RegulationsState Constitution

State Statutes

State RegulationsLocal Ordinances

Type of Non-Law- Guidance & Policies

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FEDERAL LAW

Constitution United States Code

(US Const.Art.,)

Statutes [title] U.S.C. [section]

Regulations Code of Federal Regulations

[title] C.F.R. Part [Number]

Regulation Federal Register

Updates Fed. Reg.

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Regulatory Adoption Process

Public Input

Office of Budget & Management Review

Criteria for Valid Regulations

- 1. Authority (Auth:)

The statute gives the agency authority to

make regulations.

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Regulatory Adoption Process

2. Reference (Ref:)

The actual statute being interpreted or

implemented. 3. Necessity

Do we need this regulation? (very political)

4. Non-duplication

5. Clarity

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How to Read Statutes and

Regulations

Definitions:

Sometimes whole statute may be in

definition. Definition gives clue on what you are

talking about

And/Or

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How to Read Statutes and

Regulations

Important Distinctions

And means have to have both

Or either can apply

May/Shall

Shall is mandatory

May-Agency has discretion over what

they do

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How to Read Statutes and

Regulations

General Rules of Interpretation

Generally have to make sense of statute

In case of conflict one has to check thegeneral intent

Check Updates

This provides what current law is

Regulatory Enforcement

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Regulatory Enforcement

Judicial vs. Administrative Actions

- Due Process: both judicial and administrative

actions have concept of due process. 4thAmendment gives right for due process.

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Regulatory Enforcement

Administrative Hearing

Normally flexible. Has Five elements of due

process. 1. Notice: Compliant against you

2. Confront Evidence: can subpoenaevidence so that you can rebut it.

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Regulatory Enforcement

3. Representation: You have a right

of representation.

Doesnt necessary have to be a lawyer.

4. Independent Trier of Fact:

Normally agency head orrepresentative.

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Regulatory Enforcement

5. Final Decision: Triggers your right

to appeal to court. Normally court

wont hear you until you havegone through administrative

process

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Administrative Enforcement Tools

Administrative Orders

Like injunctive orders can be mandatory

or prohibitoryAdministrative Fines

For violations

Permit Actions

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Administrative Enforcement Tools

Embargo

Seizing product e.g. fencing and posting

notices till action is taken.Abatement Actions

Government cleans and charges you later

e.g. Superfund and Nuisance.

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Inspection Authority

Search Warrants- Criminal Actions

- Reasonable cause to believe that a crime has

been committed. Inspection Warrants

- Civil Actions (Permitting)

- Regular Inspection Program

- No belief of violation necessary- Inspection Statutes (Permit Inspections)

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Judicial Enforcement Tools

1. Crimes

Jail and Fines

2. Civil Damages

Civil Penalties

Injunctive Orders

1. Mandatory

2. Prohibitory

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Dealing With the Agencies

1. Are you dealing with the right Agency?

2. Understanding Agency Agendas

3. Negotiating Cleanup Agreements

4. Controlling Costs

5. Controlling Agency Turn Around time

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Nuisance

Common Law

Definition

Public Nuisance

Private Nuisance

Continuing Nuisance

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Nuisance

Remedies for Nuisance

1. Damages

2. Injunction

3. Abatement

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Liability

1. Personal Liability

2. Joint Liability

Personal Liability of Managers

Corporate Liability

Corporate officers and Managers withKnowledge and Control