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| an agreement that defines the powers of a government |
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| independent government or country |
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| makes federal law, where applicable, superior to state law |
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| state law is of no effect. |
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| room for state regulation |
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| authority for most federal environmental law |
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| State regulation of the environment is limited |
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| prohibits unreasonable searches and seizures in the course of enforcing environmental laws |
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| Fifth and Fourteenth Amendment Due Process Clauses |
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| require that those accused of violating environmental laws be given the opportunity to be heard and to appeal before sanctions are imposed |
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| of particular importance because it is through that clause that most of the first ten amendments (the Bill of Rights) have been applied to the states |
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| limits the ability of governments to over-burden property with environmental regulation unless the property owner is compensated. |
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| the party who initiates the lawsuit |
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| a third party, not originally a party to the suit, who comes into the suit with the court’s permission in order to protect his rights or file a claim |
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| “friend of the court” and refers to a person, not the plaintiff or defendant, with strong views on the subject matter of the case who requests permission to file a brief on behalf of one of the parties |
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| handle adjudication between administrative agencies and individuals affected by agency actions |
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| have the authority to review decisions of trial courts or lower appellate courts |
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| location of the court proceedings |
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| judgment notwithstanding the verdict |
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Definition
| seeks a judgment under the law in spite of a contrary verdict by the jury. In order for a judge to grant this motion, there must be no substantial evidence to support the jury’s verdict. |
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| one or more plaintiffs can bring the suit on behalf of the entire class |
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| Alternative dispute resolution |
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| a way to resolve a civil dispute without filing a lawsuit |
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| created by Congress (or a state legislature at the state level) to carry out its laws |
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| legislative function of agencies |
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| process by which agencies resolve disputes |
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| Administrative Procedure Act (APA) |
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| agency receives only written, unsworn comments |
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| agency formal public hearings where witnesses are sworn and subject to cross examination |
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| unsworn written comments are accepted and informal public hearings are conducted. |
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| rule making most often used |
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four grounds
upon which a court might set aside an agency's regulation |
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Definition
1. statute
authorizing the regulation is unconstitutionally vague
2. the statute authorizing the regulation may itself violate the
Constitution
3. the regulation may exceed the authority granted in the
statute
4. the agency may have failed to follow the correct procedure in
issuing the regulation |
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Definition
| The rights which owners and occupants of land adjoining a watercourse have to use that water |
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