Exam 17: The Regulatory Process

Which of the following is a primary source of administrative law:

In Summers v. Earth Island Institute the Supreme Court held that an environmental group did not have standing to seek judicial review of a Forest Service decision to log a burned area of forest.

The primary source(s) of administrative law include(s):

Interpretative rules issued by administrative agencies are:

The Administrative Procedures Act controls the appeals process from agency actions.

Congress can prohibit certain judicial review as long as the exception:

In Black Beauty Coal Co. v. Federal Mine Safety and Health Review Commission, where a coal mine inspector believed a situation created a fire hazard for which he issued a "high negligence" citation that the company contested. The appeals court held that:

In Lujan v. Defenders of Wildlife, the Supreme Court upheld the standing of an environmental group to challenge construction of a dam in Egypt supported by U.S. aid where construction threatened an endangered crocodile.

The ____ prevents unnecessary lawsuits by giving the agency the full chance to get the decision right.

____ ensures that agencies follow required procedures, do not go beyond the authority granted them by Congress, can justify their actions, and respect constitutional rights.

Adjudicatory hearings are initiated by:

In Dow Chemical Co. v. U.S. the Supreme Court ruled that the EPA did not conduct an unconstitutional search of Dow property when it took aerial photographs because business property is not protected by the 4th Amendment, unlike personal property.

The Interstate Commerce Commission was the:

The primary purpose of the Administrative Procedures Act is:

Under the ____ if scientific, technical, and economic information standards are not met in analyses done to support administrative agency regulations, affected parties may challenge a regulation for not being supported by adequate analysis.

The Supreme Court has ruled that agencies have the right to control all aspects of material posted on the Internet.

In Lujan v. Defenders of Wildlife, where foreign aid decisions of the U.S. government were challenged as a violation of the Endangered Species Act, because the Nile crocodile in Egypt could be harmed, the Supreme Court held:

The ____ requires that unless an exception applies, notice and prior consent are required before an agency can disclose information that concerns and identifies an individual.

An agency's authority is generally provided by Congress in an enabling statute that creates an agency.

In Lujan v. Defenders of Wildlife, the Supreme Court held that for a party to have standing to challenge an administrative decision they must have suffered an "injury in fact."