What We Will Do Tonight ARE309 – Fall 2005

ARE 309 - Draft Lecture Slides For Class 7 - September 28, 2005 (Posted Sept. 27, 2005. The content of these slides may change prior to class)

ARE309 ? Fall 2005

Class 7- September 28, 2005 Sources of Environmental Law

Administrative Law

Reading Assignment: Salzman & Thompson: Chapter 3 (p 53 - 59)

What We Will Do Tonight

? Reading Assignment Quiz #6

? The Law Behind The News

? Guest Speaker

? Lecture Administrative Law

Guest Speaker

? Nancy Thompson

? Director of Legislative Affairs

? Manufacturers and Chemical Industry Council of North Carolina

In The News This Week

"Hurricanes Spawn Debate on Military Role"

Associated Press, Sept. 26, 2005

In The News This Week

? "Political leaders led by President Bush are considering how and when the military should take greater control of relief efforts during national disasters. And one answer may be to ensure that the president has the authority to bring in the armed forces during extraordinary circumstances."

Can't He Do That Anyway?

? As Commander and Chief

ARE 309 - Draft Lecture Slides For Class 7 - September 28, 2005 (Posted Sept. 27, 2005. The content of these slides may change prior to class)

The Law Behind The News

1878 Posse Comitatus Act

Translation Please

? Latin for ? "Power to the County" ? The old cowboy movies are accurate

History

What Does It Say ?

? 10 U.S.C. (United States Code) 375

? Bans the Army, Navy, Air Force and Marines from participating in arrests, searches, seizure of evidence and other police-type activity on U.S. soil.

Some Important Exemptions

? Coast Guard

? National Guard troops under the control of state governors

? Supportive and technical assistance (e.g., use of facilities, vessels, aircraft, intelligence, tech aid, surveillance)

ARE 309 - Draft Lecture Slides For Class 7 - September 28, 2005 (Posted Sept. 27, 2005. The content of these slides may change prior to class)

Also In The News This Week

"Plaintiffs File Suits Seeking Redress For Hurricane Damage"

The Wall Street Journal, Sept. 26, 2005

What's The Issue ?

The sheen from an "oil-like slick" on the Mississippi

River. At left are two storage tanks that officials fear might

be leaking oil.

Allegations

? Murphy Oil USA

? Failed to take reasonable precautions

? To prevent the rupture of an 85,000- barrel oil tank

? Whose contents spilled into nearby neighborhoods

To Review From Last Week

Six Sources of Environmental Law

? Common Law (court decisions) ? Statutes (federal, state and local) ? Regulations (federal, state and local) ? Court Decisions (on statutes & regulations) ? Constitution (federal and state) ? Treaties/Executive Orders

Recognizing The Six Sources

ARE 309 - Draft Lecture Slides For Class 7 - September 28, 2005 (Posted Sept. 27, 2005. The content of these slides may change prior to class)

I Know A Statute When I See One

? Federal

?United States Code (USC) ?United Sates Code Annotated (USCA) ? 42 USC ?9607

? North Carolina

?General Statutes of North Carolina (NCGS ? ) ?NCGS ?143-215.75

I Know A Federal Regulation When I See One

? Federal

?Proposed Rules--Federal Register ? 62 Fed Reg 45555

?Final Rules --Federal Register

?Codified: Code of Federal Regulations (CFR) ? 40 CFR ?262.34

I Know A NC Regulation When I See One

? North Carolina

?Proposed Rules: North Carolina Register

? Codified: North Carolina Administrative Code ? 15A NCAC 2D .0500

I Know A Court Decision When I See One

? Federal

? 50 F. Supp 1425 (District Courts) ? 15 F. 3rd 1775 (Ct of Appeals) ? 404 U.S. 5550 (Supreme Court)

? North Carolina

? 487 S.E. 2d 843 (Ct of Appeals & Supreme Court) ? 327 N.C. 541 (Ct of Appeals & Supreme Court)

Smith v Jones 404 U.S. 9883 (1998)

Sorting Out The Role of the Various Branches of Government

in Environmental Law

Responsible Branch

Source

? Common Law ? Statutes ? Regulations ? Court Decisions ? Constitution ? Treaties &

Executive Orders

Branch

? Judicial ? Legislative ? Executive ? Judicial ? Legislative/Judicial ? Executive/Legislative

ARE 309 - Draft Lecture Slides For Class 7 - September 28, 2005 (Posted Sept. 27, 2005. The content of these slides may change prior to class)

Legislative Power

Role: To Enact Environmental Statutes

Where Do The Ideas For Environmental Laws

Come From ?

Lobbyists

Legislators Public

Lobbyists

? Individuals who conduct activities designed to influence members of a legislative body on legislation and policy

? Who lobbies on environmental issues?

? Regulated Parties ? Organized Environmental Groups

? How much influence do lobbyist have?

Executive Power

Role: To Enforce The Environmental Statutes

Usually through an Administrative Agency

Main Administrative Agencies

Dealing With Environmental Issues

Federal EPA

North Carolina Dept. of

Environment and Natural Resources

The Judicial System

Role: Interpret Environmental Law & Apply Constitution

Federal Courts

State Courts

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