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 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
A federal statute called the Clean Water Act prohibits the dumping of
dangerous toxins into the rivers of the U.S., among other prohibitions.