Free

Environmental Law - Term Paper Example

Comments (0) Cite this document
Summary
This paper concerns the Environmental Law and discusses its details. Authorities such as the Environmental Protection Agency (EPA) play a crucial part in creating and implementing environmental policies…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.8% of users find it useful
Environmental Law
Read TextPreview

Extract of sample "Environmental Law"

Environmental Law Environmental Law Congress creates administrative agencies and then delegates to them the power to implement laws. Administrative agencies can only function within their scope of enabling legislation. Congress has delegated authority to the agencies to make rules governing the behavior of business and labor deemed to be in concurrence with the interest, necessity, and convenience of the public (Kubasek & Silverman, 2000). Authorities such as the Environmental Protection Agency (EPA) play a crucial part in creating and implementing environmental policies.
Functions of administrative agencies include making rules, adjudication of cases put before an administrative law judge, and administrative work. Along with the passing of an enabling statute, there is also the power to investigate violations of rules and judicial power to adjudicate disputes an agency may have with individuals or businesses (Kubasek & Silverman, 2000).
Administrative agencies have three ways of making rules: informal, formal and hybrid ones – all governed by the Administrative Procedure Act (APA). In informal rulemaking, an agency starts the process by publishing the proposed law in the Federal Register, together with a justification of the legal power for issuing the law. It also describes how people can be part of the rulemaking the procedure, and invites those interested in submitting written comments. The agency then evaluates the comments and publishes the adopted law in the Federal Register. It bears a statement of its purpose and the date it becomes effective.
Formal rulemaking occurs when an enabling statute stipulates that all regulations be passed by an agency as part of a formal inquiry process that includes an official transcript. The process starts in the same way as the informal one. However, it also includes a public hearing where witnesses give testimonies on the advantages and disadvantages of the proposed law. A transcript of the hearing is maintained. An adopted law based on the received information is then published.
Hybrid rulemaking combines the best features of informal and formal rulemaking in an attempt to minimize their flaws. It starts with publishing the proposed law in the Federal Register followed by informal public hearings and a restricted cross-examination of witnesses. The adopted laws are then published.
Administrative agencies have had a positive impact on local living environments. For instance, the EPA sets rules limiting the level of hazardous air pollutants an industry may emit into the atmosphere (Kubasek & Silverman, 2000). Charging violators in court serves as a deterrent to potential air polluters. Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(Environmental Law Term Paper Example | Topics and Well Written Essays - 428 words - 1, n.d.)
Environmental Law Term Paper Example | Topics and Well Written Essays - 428 words - 1. Retrieved from https://studentshare.org/law/1605896-environmental-law
(Environmental Law Term Paper Example | Topics and Well Written Essays - 428 Words - 1)
Environmental Law Term Paper Example | Topics and Well Written Essays - 428 Words - 1. https://studentshare.org/law/1605896-environmental-law.
“Environmental Law Term Paper Example | Topics and Well Written Essays - 428 Words - 1”, n.d. https://studentshare.org/law/1605896-environmental-law.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Environmental Law

Environmental Law

...?Environmental Law Question a. Contributions of the International Court of Justice to International Environmental Law Previously, when compared toother international legal issues, the work of the International Court of Justice (ICJ) was not as prominent.1 Even so, the ECJ did make important contributions toward the development of environmental protection law at the international level during the 1990s. The Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, ICJ Reports 1996, 226 was one such contribution. At the request of the United Nations, the ICJ stated that there was no universal code of law...
14 Pages(3500 words)Essay

Environmental Law

...of energy or substances, which is responsible to create an injury to health of human beings , hazards to ecological systems and living resources , harm to amenity , structure or interference with the lawful uses of the atmosphere2. Pollution is related with harms to health of humans, plants, property, habitats, animals and ecological structure. Pollution is not limited to the effect of chemical materials either on the environment or on human beings3. If chemical energy or substances are released into environment unauthorisedly, it would be tantamount to pollution under the environmental law. Thus, pollution can happen in the following ways. If a person or a legal person (company)...
10 Pages(2500 words)Essay

Human Rights Law

10 Pages(2500 words)Essay

Environmental Law

...? Number] Takings- Environmental Law The Federal Endangered Species Act ESA of 1973 was regulated to ensure that species and animals would be protected by the inauguration of their conservation programs. The objective was basically to protect those species and animals that are left very few in the world. Due to the change in the overall ecosystem, species of animals and plants from the world are finishing. This remains a big concern for the environmentalists therefore the commencement of this act was vital and eminent. There are further sub clauses of the law that exemplifies the whole paradigm of protecting and preserving species (Lazarus 32). The term ‘takings’ has significant role in the environmental law as the term elucidates... and...
5 Pages(1250 words)Essay

Environmental Law

...? Environmental Law Table of Contents E.I du Pont v. Train 3 2. Offshore Outfalls for Treated Municipal Wastewater Discharges, Florida 4 3. Biological Integrity of the Nation's Waters 5 4. Environmental Human Health Risk Assessment 6 5. NRDAR 7 6. Corrosion Proof Fittings v EPA 8 References 10 1. E.I du Pont v. Train The NPDES stands for the National Pollutant Discharge Elimination System, which is a system that enforces requirements for those who pollute the American waters to get permits for chemical discharges that they emit. This is a mechanism for the control of the chemical discharges under the supervision of the Environmental Protection Agency or EPA, emanating...
6 Pages(1500 words)Admission/Application Essay

Environmental Law

...? Environmental Law Answer The Dominant Social Paradigm also known as DSP characteristicallyincludes the political antagonists to environmental change and innovative technologists, inclines to be made up of three fundamental beliefs in respect to managing the complex subscribers to global preservation. These are that the planet will be spared by the technology and all of the detrimental things can be settled with extended interest of industrial progress, any dissatisfaction or disinterest with societal issues will be settled by the economic prosperity and growth and that the political agents in office have been elected for the gain of the people as well as their countries and therefore...
3 Pages(750 words)Admission/Application Essay

Reward management and performance related pay

6 Pages(1500 words)Essay

Environmental Law

...Environmental Law "European water is still polluted after twenty years of EC legislation." Assess effectiveness of EC law on water quality and pollution Abstract: Concerning the marine environment, in recent years, several projects and political actions at national and international level have been advanced in order to reduce the effects of water pollution. Preserving and improving the marine environment requires the achievement of a good ecological status of waters, without which the aquatic ecosystem and the human activities of marine coastal zones could be strongly at risk. This is the proposal of EU Water Framework Directive (2000/60/EC)1 which represents a major advance in European policy... , bathing...
14 Pages(3500 words)Essay

Environmental Law

...Running Head: ENVIRONMENTAL LAW Environmental Law [The [The of the Environmental Law Introduction A good way to describe climate change would be a cancer that is spreading through the world affecting everything in its path. Who is to cause for such a harmful thing to all living organisms on earth? People are, and because of our fossil fuel based economies the situation gets worse every day. It is very important for law makers from countries all around the globe to participate in plans to correct the climate patterns. This problem only gets more confusing and the debates more heated than the sun because every nation state...
16 Pages(4000 words)Essay

Environmental Law

...UK Legislation on Quality Drinking Water Introduction Environmental law and policy has been one of the public concerns in the United Kingdom (Rydin, 1993). Along with this is the demand for water, encompassed within environmental law and policy. With the current population growth, the improved standards of living and the water-utilizing industries being extended, demand for water certainly continues to increase (Kiss and Shelton, 1993). The quality of water is said to be partly a function of utilizations, where the degree of purity is classified according to the needs, one of which is for drinking (Kiss and Shelton, 1993). But what really has the government done in order to protect the quality and safety of drinking water... Water. Retrieved...
4 Pages(1000 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Term Paper on topic Environmental Law for FREE!

Contact Us