Comprehensive Environmental Response, Compensation & Liability Act (1980); the OPA (Oil Pollution Act) was added in 1990
Sierra Club v Morton
controversy: putting highway and powerline through national forest. Established a wide definition of standing.
resource orientation: which two opposing viewpoints are there surrounding this concept?
unlimited exploitation V wise use
protection orientation: which two opposing viewpoints are there surrounding this concept?
conservation V preservation “nature endangered” vs “preservation of unique value”
rights orientation: which two opposing viewpoints are there surrounding this concept?
attribution of rights to animals V to ecosystems
holistic orientation: what is this?
The concept of “deep ocology” is a way to look at nature; understand how everything works together
What are the 4 categories of opposing views of the environment are there?
resource, protection, rights, holistic
what is the precautionary principle as related to policy-making in environmental agencies?
don’t make any intractable decisions!
punitive damages as related to compensatory damages?
compensatory damages are much more common than punitive damages, perhaps because the value is more easily assigned to the damages
court order preventing defendant from engaging in a certain activity
What are the sources of law (7 kinds)?
constitutional, treaties, state & fed statutes, ordinance, administrative, common
What are the three levels of courts?
inferior (limited jurisdiction, ex: small claims courts), trial courts (majority! state facts and apply law), appellate courts (hear appeals from trial courts)
What are the 4 kinds of jurisdiction and what do they mean?
subject matter j in personam j (defendant is state res) in rem j (property involved is in-state) long-arm statute (court decides it has j)
What are the two most important cases in which federal courts have jurisdiction?
Federal Question Jurisdiction (case involves substantial fed. question) Diversity Jurisdiction (dispute is between residents of different states and amount in question -damages- are more than $75000)
What kinds of cases can the Supreme Court hear?
2+ states dispute OR fed govt/state govt dispute
writ of centiorari
supreme court does not have to hear cases but chooses to
this exists in cases where: -a person challenges validity of treaty or federal statute -person alleges that state statute conflicts w/federal law -person claims right/privilege/immunity under federal law
What are the THREE thresholds that must be met before litigation can proceed?
Standing- legal right to press a claim Case or Controversy?- there must be a live dispute over an enforcable law Ripe?- Injury must be imminent
What is enabling legislation?
statutes created by an agency
Courts use this to examine he question of whether legislative or executive branches have clear power to create the statutes and legislation that they do
Administrative Procedure Act
1946, establishes basic framework of agency action: minimum procedure requirements for rule-making and adjucation
Why is rule-making preferable to adjucation?
rule-making is prospective rather than retrospective
What are the three procedures for rule-making under the APA?