Question

Ch. 20 1. Read the following scenario and answer the question in 5-10 sentences. You are an administrator working for the Maine Department of Environmental Protection, a state administrative agency. You are tasked with implementing a new and controversial pollution control rule. The media will be watching closely to ensure all required procedures are followed. Local citizens are requesting that the rule be implemented immediately and without a hearing because, they argue, the need for controls are so acute. A California environmental group is requesting that you consider the impacts of the rule on their state. A manufacturing lobbyist has asked you to decrease relevant pollution standards in the rule by 90%, even though you have significant evidence that current pollution levels are dangerously high. Assuming that Maine administrative law, including the Administrative Procedure Act, is substantially the same as federal law discussed in this chapter, evaluate your responses to these requests in light of rules you need to follow. You want to avoid having your rule held unlawful and set aside by a court.

Answer 1

The new environmental law is same as Federal law so it has supermacy status. Supermacy status state that federal laws are supereme than state law. In this case, The new law implemented in the state will be superior than California state so even if this law has impact on their state rule and create conflict still This new environmental law will be considered superior than theirs. It does not mean that we will not consider their issues. we will look into it and try to make best envrionmental law which is fair for this state as well as California.

The request of Manufactuing lobbyst will be declined because The laws are made for welfare of public, society and environment not for personal profit. The manufacturing lobbyst are trying to reduce standards so that they can increase thier manufacturing but under this new law, the standards will be fair to all public, society and environment not to particular party. If our agency does and reduce it to 90% then court will make this law unlawful by judicial review.