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Understanding Administrative Law Basics

This document summarizes key topics from Chapter 1 of an administrative law textbook. It discusses an appellate case involving environmental groups challenging permits granted to construct a landfill. It then provides an overview of what administrative law involves, defining agencies and their functions. Specifically, it notes that administrative law governs both the law that governs agencies as well as the law that agencies create. It also discusses the Administrative Procedure Act, the foundational law for administrative agencies. Finally, it briefly previews practices in administrative law.

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7 views2 pages

Understanding Administrative Law Basics

This document summarizes key topics from Chapter 1 of an administrative law textbook. It discusses an appellate case involving environmental groups challenging permits granted to construct a landfill. It then provides an overview of what administrative law involves, defining agencies and their functions. Specifically, it notes that administrative law governs both the law that governs agencies as well as the law that agencies create. It also discusses the Administrative Procedure Act, the foundational law for administrative agencies. Finally, it briefly previews practices in administrative law.

Uploaded by

Casey Miller
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

Administrative Law- Fall 2016

Chapter 1: Administrative Law Practice


A. Introduction

Fund for Animals, Inc. v. Rice (11th Cir. 1996) (1-4)


o Facts: Plaintiff environmentalists brought an action to prevent construction of a
municipal landfill on a site that plaintiffs claimed was an essential habitat for the
Florida panther and home to the Eastern indigo snake. The trial court granted
defendant federal agencies' motion for summary judgment. The court affirmed.
o Issue: Whether the Corps acted arbitrarily and capriciously in granting permits,
not holding a public hearing in granting the permit, and not preparing an impact
statement.
o Holding: Court said that the Corps did not act arbitrarily.
o Reasoning: Government agency, FSA, person outside the agency (city of
Sarasota), and another group that disapprove (Fund for Animals) who challenged
the regulation.
Involves private persons, regulated entities, and government agencies.
Regulated entity is Sarasota County because it wants to fill in a
wetland
Case is typical because it involves an agency doing something to or for
someone.
Also typical that the Ps bring their suit under the Administrative Procedure
Act arguing, among other things, that the Corps acted unlawfully by not
complying with required procedures applicable to granting these permits.
Most of the lawyering in this case occurred in the administrative process
prior to the lawsuit being heard.
o Notes: Failure to follow any of the procedures would have led to judgment against
them.

B. What is Administrative Law and Why Should We Study It?


2 types of agency law:
o The law that governs agencies: consistent across agencies
o The law that agencies make
What is an agency?
o Administrative Procedure Act (APA), is the foundation of any administrative law
course.
o 551 defines Agency
(1) agency means each authority of the Government of the United
States, whether or not it is within or subject to review by another agency,
but does not include
(A) the Congress;
(B) the courts of the United States;
(C) the governments of the territories or possessions of the United
States;

(D) the government of the District of Columbia; or except as to the


requirements of section 552 of this title
(E) agencies composed of representatives of the parties or of
representatives of organizations of the parties to the disputes
determined by them;
(F) courts martial and military commissions;
(G) military authority exercised in the field in time of war or in
occupied territory; or

o Departments are agencies and they have the highest status.


Chart of Federal Agencies on page 7-13
Secretaries get their jobs by appointment of the President (political
appointees who hold office at the pleasure of the president).
What Do Agencies Do?
o Regulate Private Conduct
Chart of State Agencies on page 16-18
o Administer Entitlement Programs
o Everything Else

C. A Walk Through the APA


D. Administrative Law Practices

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