05_Enforcement_Canvas.ppt - Enforcement Presented by Dr...

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© 2003, 2011 by H. Troy Stuckey, Ph.D. . Enforcement Presented by Dr. Troy Stuckey to PP 3310, PLSC 3333
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© 2003, 2011 by H. Troy Stuckey, Ph.D. . Lecture Overview Part 1 Authority, Delegation, Exercise of Power Basis of enforcement Enforcement Actions and Responses Compliance Inspections Regulatory Authority Federal vs. States State Enforcement Federal Enforcement Permits, Violations
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© 2003, 2011 by H. Troy Stuckey, Ph.D. . Lecture Overview Part 2 Highlights Clean Air Act Enforcement Federal Insecticide, Fungicide, Rodenticide Act routine enforcement actions in Region 6 genetically modified food Chinese chalk Registrations cactus juice animal deaths
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© 2003, 2011 by H. Troy Stuckey, Ph.D. . PART 1
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© 2003, 2011 by H. Troy Stuckey, Ph.D. . Constitution (Authority) Constitution states (Article I, Section 8): Congress shall have the Power to lay and collect Taxes, Duties, Imposts, and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
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© 2003, 2011 by H. Troy Stuckey, Ph.D. . Constitution (#2) (Authority) Article II, Section 2: [The President] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties…and he shall nominate , and by and with the Advice and Consent of the Senate, shall appoint Ambassadors…Consuls,…Judges of the Supreme Court, and all other Officers of the United States…. Article II, Section 3: [The President] shall take care that the Laws be faithfully executed...
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© 2003, 2011 by H. Troy Stuckey, Ph.D. . Laws Congress passes Bills President signs Bills into Law Many Administrative Laws are known as Environmental Laws, or Acts (i.e., Clean Air Act , Clean Water Act )
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© 2003, 2011 by H. Troy Stuckey, Ph.D. . Administrative Law Laws provide the process by which government agencies receive their power Implementation of statutes from Congress CAA, RCRA, SDWA, FIFRA, TSCA, CERCLA, etc. Laws are the methods by which Agencies exercise their powers Laws can also be mobilized, demobilized, directed, overturned, circumvented (usually through judicial review)
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© 2003, 2011 by H. Troy Stuckey, Ph.D. . Delegation of Authority to Exercise Power Statutes (Acts) transfer the authority to exercise power to Department Heads (i.e., EPA Administrator) “Delegations” transfer the authority to exercise power to Regional Administrators. Within EPA, Credentials represent the delegation of authority from Administrators to exercise the power to inspect all laws administered by the EPA.
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© 2003, 2011 by H. Troy Stuckey, Ph.D.
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  • Fall '18
  • Stuckey
  • Federal government of the United States, United States Environmental Protection Agency, H. Troy Stuckey

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