Deck 3: Administrative Law and Its Impact on the Environment

Question 1

The EPA was created in 1970, and is one of the largest federal agencies.

Answer 1

True

Question 2

It is easy to have an administrative regulation declared void by the court; all you have to do is demonstrate that the agency was acting on insufficient data when it passed the regulation in question.

Answer 2

False

Question 3

Activities of administrative agencies include rulemaking, adjudication, providing information to the public, granting licenses, and conducting research.

Answer 3

True

Question 4

Executive agencies

A) are required to do cost-benefit analyses before promulgating rules.
B) are influenced by the executive branch because the president can fire the agency heads for any reason or no reason.
C) both a and b.
D) none of the above.

Question 5

Before a rule promulgated by a federal agency becomes law, it must be

A) published in final form in the Federal Register.
B) approved by a Senate Oversight Committee.
C) both a and b.
D) none of the above.

Question 6

All proposed and final rules being promulgated by a regulatory agency must be published in the Federal Register.

Question 7

The most common type of rulemaking by agencies is informal rulemaking.

Question 8

The executive branch tends to have more influence over executive agencies than over independent agencies.

Question 9

Administrative agencies are said to have quasi-legislative powers because they have the authority to promulgate rules which have the force of law.

Question 10

All rules made by administrative agencies must be

A) published as proposed rules in the Federal Register.
B)
B) published as final rules in the Federal Register at least 30 days before they are to go into effect.
C) both a and b.

Question 11

Which of the following agencies have significant impact on environmental policy?

A) Department of the Interior
B) Department of Agriculture
C) Both a and b.
D) none of the above.

Question 12

Administrative agencies are controlled by

A) Congress' ability to give them their powers through enacting their enabling statutes.
B) Congress' exercise of its oversight authority.
C) both a and b.
D) none of the above.

Question 13

One of the ways Congress exerts control over administrative agencies is through their power to approve agency budgets.

Question 14

Agencies have the authority to

A) promulgate rules that have the force of law.
B) investigate complaints of violations of agency-promulgated rules.
C) provide information to the public about matters regulated by the agency.
D) all of the above.

Question 15

Exempted rulemaking

A) includes rulemaking that involves foreign policy, military secrets, and personnel rules.
B) is exempted from the requirement having a public hearing.
C) both a and b.
D) neither a nor b.

Question 16

The Freedom of Information Act is an example of a statutory limitation on administrative agencies.

Question 17

The court's standard of review will give the greatest deference to any agency's decision when the plaintiff

A) is challenging the procedures used by the agency.
B) is challenging the agency's interpretation of a statute.
C) is challenging the factual basis for the agency's action.
D) none of the above (the same standard of review applies in all cases).

Question 18

The courts may declare an agency rule void if

A) the rule violates the U. S. Constitution.
B) the rule was outside the scope of authority given to the agency in the enabling act that created the agency.
C) all of the above.
D) none of the above.

Question 19

One does not look in the Federal Register to find

A) proposed rules.
B) final rules.
C) statutes.
D) any of the above.

Question 20

The Executive controls administrative agencies by appointing those who head the agencies.