The United States Congress makes a finding that the level of carbon
monoxide in the air is hazardous to human health. Congress creates the
Air Quality Agency (AQA) to monitor and control air quality in the
United States. Congress funds the agency. Scientific findings,
measurement details, and control mechanisms are not included in the
legislation. The AQA, under congressional authority, begins to set
standards for air quality and to impose controls in the form of economic
fines for non-compliance. The AQA plans next year to require a license
to emit any sort of air pollutant.
* Discuss whether the AQA actions are a source of administrative law.
* Explain the significant of a broad, congressional mandate.
* Does the AQA have unchecked power?
* What options might one consider in challenging the legality of a particular activity of the AQA?
Administrative law is the body of law that governs the activities of administrative agencies of government. The Air Quality Agency and its actions fall under this scope. Government agency action can include rule making, adjudication, or the enforcement of a specific regulatory agenda. They do not however have unchecked power, as they must act within the framework of the constitution and the limitations of the state statutes as well as the federal Administrative Procedure Act.
The Essay on Quality Improvement Email
Quality management in healthcare facilities is organized to meet the needs of the organization. Today, most organizations have a program of continuous improvement in all functional areas. Data collection and analysis and resulting improvements have become an accepted way of doing business. An organization must address how it is going to achieve a successful Quality Improvement program (LaTour, p. ...
The problem with a broad congressional mandate is that some believe it gives Congress unlimited power. But the mandates purpose is to ensure that businesses are within compliance of health and safety regulations.
If someone doubts the legality of a particular activity of the AQA there are steps that can be taken to have the action reviewed by the court system.
Bagley, Constance and Savage, Diane (2010) Cengage Learning, Managers and the Legal
Environment.
A federal statute called the Clean Water Act prohibits the dumping of
dangerous toxins into the rivers of the U.S., among other prohibitions.
Jean Blue, Inc. manufactures blue jeans. Part of the appeal of Jean
Blue’s product is the worn look with which the jeans are sold. This look
is accomplished by washing the jeans with massive quantities of
chlorine bleach, formaldehyde, and soluble plastic pellets. Drainage
from this process is heavy. The local municipality approved Jean Blue’s
operation without a full understanding of its waste output or the nature
of waste involved. There is no public budget to filter the waste before
returning it to the water-table and the municipality informs Jean Blue
it will have to filter its own contaminants or cease operations. Rather
than pipe the waste through the municipality’s water treatment plant or
build a facility, a new pipe installed by Jean Blue carries the waste
directly to a nearby river. The pipe discharges under about 6 feet of
water, so that it is not immediately evident to the casual observer.
Local children become inexplicably sick. Fish are found floating, dead,
in the river.
The EPA sues Jean Blue and the municipality for
violating the Clean Water Act’s prohibitions on the dumping of dangerous
toxins.
* Explain the legal bases for the EPA’s action.
* Discussnthe analysis a court may use to determine whether the Agency acted within the scope of its authority, and the economic impact which may result from the actions of Jean Blue and the municipality.
The Essay on Lake Water Happy River
Tatyana Gol bin Essay When you are happy, you never think that it can end in a second. Ofcourse, if you always had tried to imagine something bad, you would not have been so happy. After an incident I had had once, I understood that happiness could be just one step away from loosing it. I was seventeen. Summer was in the air, but we could not enjoy it because it was the time of our graduation and ...
* Does Jean Blue have a defense?
* Does the municipality?
The municipality cannot claim ignorance in this case in my opinion. They should have completely researched the methods that Jean Blue used to dispose of these hazardous chemicals before granting approval of their operations. The fact that they did not do so is careless and as a result sickened some of their citizens and did untold damage to the surrounding environment. The fact that they decided to intervene after the fact does not offer them any protection. The damage done by these chemicals will affect the water, animals, and people of this town and the surrounding area for many years. The legality of the EPA’s suit is founded because Jean Blue was in violation of the Clean Air Act of 1970 by dumping these hazardous chemicals into the local river. It appears that they chose the more inexpensive method of dumping into the river as opposed to using the town’s water treatment plant or to build a facility to dispose of the chemicals. With this total lack of disregard, I do not believe that Jean Blue has much of a defense other then trying to deflect some of the blame and cost onto the municipality. Economically, the actions of Jean Blue and the municipality will have a huge impact on not only the business of Jean Blue, as I foresee that there will be heavy fines and many suits filed by those affected by their carelessness, but also of that of the town, as many may choose to move out of the area and away from the pollution. Home values could plummet and businesses could close as a result.
