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Q:
Most federal environmental laws do not require that state work in conjunction with the EPA to implement and enforce them.
environmental agencies.
Q:
The Resource Conservation and Recovery Act (RCRA) applies only to active facilities, not future ones.
Q:
The Safe Drinking Water Act (SDWA) sets standards that are different for different water systems.
Q:
The National Environmental Policy Act (NEPA) applies to interstate highway construction.
Q:
In order to file a lawsuit to enforce an environmental regulation, an individual must be authorized to do so by the statute.
Q:
Nuisance suits allow an individual to sue a polluter to protect the community from environmental damage.
Q:
Once water quality standards are set, it is up to the EPA to monitor if the water source is meeting that standard.
Q:
The Environmental Protection Agency (EPA) does not work with other agencies to carry out its duties.
Q:
If a business or individual emits a substance into a water source as part of their facilities' operation, they are not required to have a permit if they are not causing pollution.
Q:
In addition to the EPA, the Clean Water Act (CWA) is also enforced by the U.S. Army Corp of Engineers.
Q:
The Superfund imposes joint and several liability on the ________ responsible parties.
Q:
Fixed site emitters of air pollutants are known as ________ sources of air pollution.
Q:
If a ship wreck causes an oil spill, the legislation that regulates it is known as the ________ Act.
Q:
The ________ Act is the most important wildlife protection legislation.
Q:
Federal environmental laws are primarily administered, implemented, and enforced by the ________ Agency.
Q:
________ provisions are part of many environmental statutes that allow third parties to file a law suit.
Q:
The National Environmental Policy Act (NEPA) sets out a ________ for making decisions.
Q:
The nickname for the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) is _____.
Q:
The Clean Air Act (CAA) requires that ________ determine how to achieve the National Ambient Air Quality Standards (NAAQS).
Q:
________ is the common law doctrine basis for modern environmental protection laws.
Q:
Describe the state of administrative law at the state level. What are some examples of parallel agencies?
Q:
Which of these is not a source of administrative law?A.ConstitutionB.Administrative Procedures ActC.Common LawD.Treaties
Q:
What is the name of the test used by the courts to analyze the validity of an agency's statutory interpretation and action?
A.Amoco test
B.Valero test
C.Chevron test
D.Texaco test
Q:
In Fox Television Stations Inc. v. United States Federal Communications Commission the FCC had followed a restrained enforcement policy for profanity used on television. They used a two prong test to judge indecency violations. The FCC also offered a three part test to determine whether or not material was patently offensive. In 2003 Bono's acceptance speech at an awards show included the use of the word f**k and the FCC ruled that it did not violate the indecency policy. After that, the FCC instituted a zero tolerance rule for certain words no matter what the circumstance. In 2006 Fox was fined when presenters at an award show used an explicative similar to Bono's usage in 2003. Fox brought an action to have the new standard invalidated. The court held that:
A.the new standard was not valid because the FCC's standards require Congressional approval.
B.the new standard was not valid because the FCC had not provided any reasoned analysis as the to the rationale for the change.
C.the new standard was valid because of a change in policy resulting from a change in public opinion.
D.the new standard was valid because it did not exceed the statutory authority given to FCC and it complied with statutory procedure.
Q:
Which of these is not an administrative agency function?
A.policymaking
B.creating statutes
C.licensing and permitting
D.investigation and enforcement
Q:
After a rule is published what is the next step in the rule making process?
A.enacted into law
B.rule goes back to committee for revisions
C.public comment
D.notice is given
Q:
When is formal agency rulemaking used?
A.only if the enabling statute requires it
B.if the agency believes that a proposed rule will be controversial
C.when required by the Administrative Procedures Act
D.any time an agency makes a new rule
Q:
What is the first step in the agency rulemaking process?
A.determine legislative authority
B.draft the proposed rule change
C.filing for a hearing to start formal rulemaking procedure
D.study and research
Q:
The FDA is proposing new rules for over the counter pain medication. They would expect to hear from various pharmaceutical groups in favor of the regulation and from several medical associations on the public health, the consequences of the proposed change. This is an example of what rulemaking phase?
A.publication of the rule
B.revision
C.public comment
D.study and research
Q:
Who hears an appeal of an administrative law judge's ruling?
A.federal judge
B.agency head
C.state judge
D.there is no administrative appeal process
Q:
Once public debate and comment is concluded, an agency will publish the final rule and its effective date in the:
A.Federal Register.
B.U.S. book of statutes.
C.Code Administrative Rules.
D.Code of Federal Regulations.
Q:
What must Congress do first to establish an administrative agency?
A.nothing, it is an executive power
B.obtain judicial approval the creation
C.enact an enabling statute
D.research if a new agency is needed
Q:
The FTC publishes a rule regulating TVs and Blu-Ray DVD players for public comment but revises it to include traditional DVD players also. Should the FTC republish the revision?
A.no because the new rule is more limited than the original proposal
B.no because there is generally no legal obligation to provide an additional comment period
C.no because it was a logical outgrowth of the original rule
D.no, there was no need for publication of the original rule
Q:
Public comment on proposed rules generally comes from which one of these?
A.other agencies
B.an ordinary citizen
C.public advocacy groups
D.members of Congress
Q:
When are parties able to bring judicial challenges to an agency's rule during the rulemaking process?
A.during any point in the rule making process
B.after public notice has been given
C.after the final rule has been published
D.during public comment
Q:
Courts have a clear power to set aside an agency's actions. They tend to use this power:
A.frequently.
B.only when faced with citizen suits.
C.sparingly.
D.on a somewhat regular basis.
Q:
Who is the presiding officer at an agency's adjudication hearing?
A.a member of Congress appointed as a representative
B.the head of the agency
C.an arbitrator
D.an administrative law judge
Q:
Where are hearings on matters under an agency's jurisdictions adjudicated?
A.administrative law hearings
B.state court
C.federal court
D.licensing boards
Q:
The Sunshine Act requires agencies to announce their meetings at least ______ in advance.
A.three days
B.seven days
C.fourteen days
D.thirty days
Q:
What must an agency do to conduct an inspection of a business without permission from the owners?
A.obtain an administrative warrant
B.an agency has authority under statute to conduct inspections without a warrant
C.an agency must obtain a police officer's permission to conduct an inspection
D.an agency must send advance notice of the inspection
Q:
What step comes directly prior to public comment in the rulemaking process?
A.judicial challenges
B.proposed rule publication
C.public comment
D.enabling statute
Q:
Which of these is not a major source of administrative law?
A.the Constitution
B.enabling statutes
C.the Administrative Procedures Act
D.public opinion
Q:
The rule making requirement that an agency does not need to publish revised rules for comment unless they are radically different from the original is known as:
A.the arbitrary and capricious standard.
B.the Chevron test.
C.the logical outgrowth test.
D.the McDonnell-Douglas test.
Q:
The concept that in order to pass judicial muster, the evidence must show that the agency made its final decision based on a consideration of relevant factors without any clear errors of judgment is known as:
A.the arbitrary and capricious standard.
B.the Chevron test.
C.the logical outgrowth test.
D.the McDonnell-Douglas test.
Q:
In American Medical Association v. United States Internal Revenue Service the IRS had proposed a rule that made changes to the way the allocation of dues and memberships were taxed using a seven factor test. After the comment period the IRS revised the rule to a three factor test that was published as final. The AMA claimed that the rule was invalid because there had been no comment period for the revision. The court held that:
A.the IRS should have given proper notice of the revision. Because they had not done so, the new rule was invalid.
B.the IRS should have given property notice of the revision but it did invalidate the rule because the IRS is not required to go through formal rule making procedure.
C.the IRS did not need to give public notice of the revision because it was a logical outgrowth of the original rule.
D.the IRS did not need to give public notice because the new test was based on the same public policy as the original rule.
Q:
The Freedom of Information Act:
A.requires that all documents become public.
B.has no meaningful enforcement procedures.
C.opens certain agency records to the public.
D.publically announces agency meetings ahead of time.
Q:
The Supreme Court established the standard for lower courts when applying the arbitrary and capricious standard in which case?
A.Motor Vehicle Manufacturing Association v. State Farm Mutual Automobile
B.Chevron v. NRDC
C.Buckley v. Valeo
D.Fox v. the Federal Communications Commission
Q:
For which of the following is an occupational license issued by an agency not required?
A.lawyers
B.college and university professors
C.hair stylists
D.kindergarten teachers
Q:
Under the Administrative Procedures Act, Congress has the authority to cancel an agency's final rule if all of these conditions are met except:
A.both houses agree.
B.a resolution to overrule is passed within 60 days.
C.there is no judicial challenge from the court's within 60 days.
D.the overruling resolution is presented to the president.
Q:
Where does the president get authority to exercise power over administrative agencies?
A.federal law
B.judicial decisions
C.the Constitution
D.Congressional delegations
Q:
In Trinity Marine Products v. Secretary of Labor Elaine Chao Trinity Marine turned away OSHA compliance officers who had come to conduct an inspection. OSHA obtained an administrative warrant and came back with federal marshals. Trinity officials allowed the search under protest and later filed suit alleging that the warrant had been obtained without probable cause. The court held that:
A.the probable cause standards for administrative warrants were the same as criminal warrants and the criminal standard had been met in this case which allowed for a reasonable use of force in executing the warrant.
B.the probable cause standards for administrative warrants is lower than for criminal warrants and the warrant could be executed using a reasonable degree of force.
C.the probable cause standard for administrative warrants is lower than for criminal warrants but cannot be executed with any degree of force.
D.the probable cause standard for administrative warrants is the same as for criminal warrants but that standard had not be met in these circumstances.
Q:
Citizen suits may be brought against an agency, but may not be brought against a private party.
Q:
Agencies tend to employ large amounts of attorneys to make sure that the rulemaking process is legally complaint.
Q:
Courts apply the logical outgrowth standard when reviewing a challenge of a rule from an adversely affected party.
Q:
The Supreme Court has held that agencies have very narrow discretion regarding when and whom to regulate.
Q:
Certain businesses are classified as pervasively regulated and there is an exception to the warrant requirement where the agency is conducting regularly scheduled inspections.
Q:
Mike believes that his neighbor Stephanie has been dumping sewage on her property. After the Environmental Protection Agency has conducted its investigation, Mike is permitted, under the Sunshine Act, to attend the meeting called to discuss the results of the investigation.
Q:
Citizen suits may be used to attack the substance of an administration regulation that has been properly promulgated.
Q:
The Sunshine Act requires that consultation meetings are open to the public.
Q:
States often have their own versions of federal administrative agencies.
Q:
Most agencies do not have an enforcement division to investigate violations of the regulations and rely on the Department of Justice for this function.
Q:
Agencies can monitor compliance with their regulations through inspection of business facilities under their jurisdiction.
Q:
The SEC issuing licenses to individuals to trade stocks is not an agency function because it is regulating individuals and not businesses.
Q:
Most common law that regulated administrative law has been codified in the Administrative Procedures Act.
Q:
For the last several decades, U.S. presidents have declined to exercise direct power over the agencies.
Q:
The substantial evidence test is applied by the courts to determine whether or not the agency's actions were lawful with regard to investigations and licensing.
Q:
Congress has oversight over administrative agencies through the Senate's power of advice and consent.
Q:
Congress has no power to remove an agency head.
Q:
Records of agency personnel matters are open to the public under the Freedom of Information Act.
Q:
Administrative agencies are not empowered to hear cases of alleged violations of their regulations and must depend on the courts for adjudication.
Q:
Agencies are frequently charged by Congress to study potential solutions to a problem and then exercise legislative function by creating legally enforceable rules.
Q:
Informal rulemaking is not permitted under the Administrative Procedures Act.
Q:
Powers of an administrative agency to carry out the enabling statute are exercised through rulemaking, enforcement, licensing, and adjudication.
Q:
Substantial modifications to proposed rules may be published without going through the entire rulemaking process again.
Q:
An agency's prosecutorial discretion is seen as practically unreviewable by the judiciary.
Q:
Administrative warrants are held to the same probable cause standard as criminal warrants.
Q:
Publishing a new rule in the Federal Register is the first step in the rulemaking process after research and study is performed.
Q:
Courts are highly critical of agency decisions involving how and when an agency enforces a regulation.
Q:
Once a business is licensed an agency may fine them for any violation of agency regulations.
Q:
Administrative agencies at the state level do not issue licenses.