(1) In the context of rulemaking and adjudication, what is

the difference between formal, informal, and hybrid?

The EPA publishes a notice of proposed rulemaking in the Federal Register. In the notice of proposed rulemaking, the agency sets a time and place for public rule making proceedings. The agency invites interested persons to submit written data, views, or arguments with opportunity for oral presentation. The following is an example of: (a) informal rulemaking (b) formal rulemaking (c) hybrid rulemaking (d) any of the above may be correct; more information is needed

(2) What mechanisms may be used to force an agency to act?

According to the Clean Air Acts statutory timeline, the EPA is one year overdue in promulgating new standards for ozone. Citizens in the Wyoming town of Pinedale have been suffering for years from high ozone levels because the town contains many ozone-producing oil and gas wells and is located in a valley that traps pollution. Pinedale residents want to take action to force the EPA to act to tighten the ozone standard. What action can they take?

(3) What happens when two agencies have conflicting

responsibilities?
In August 1996, the Food and Drug Administration published a final rule imposing regulations on the sale and marketing of tobacco products. The FDA concluded that it had jurisdiction to regulate tobacco products under the Food, Drug, and Cosmetic Act. The Supreme Court disagreed, noting that Congress had since 1956 enacted six separate statutes that establishes a distinct scheme for the regulation of tobacco. This scheme is by statute to be carried out by other agencies besides the FDA. In a later case, the EPA wants to argue that it is not required to set emission standards for motor vehicles under the Clean Air Act because the National Highway Traffic Safety Administration (NHTSA) has responsibility for setting fuel standards. Use the tobacco case to help EPA make the argument.

(4) How do agencies decide when to make rules and when to

decide through adjudication?
Give a specific example of a situation in which an agency would prefer to do a rulemaking. Give a specific example of a situation in which an agency would prefer to do an adjudication.

(5) What are the conditions under which an agency is

created?
Of the following, which most accurately describes a unique strength of agencies, in comparison to courts and legislatures. (a) They are built to handle bipolar disputes, exemplified by a single plaintiff asking for a one-time remedy. (b) They are free to devise creative solutions to tricky problems. (c) They have expertise over a discrete area and are able to deal rapidly with a pressing problem.

(6) What happens if the court does not give an agency

deference?
A court decides that an agency does not deserve deference. Now what? (a) The court decides the issue itself. (b) The issue is remanded to the agency with guidance from the court as the agency re-considers the issue. (c) The court decides that the agency has no authority over the issue. (d) any of the above (e) b and c are possible, but not a

(7) What limitations are there on agency power?

Any of the three branches of governmentlegislative, executive, or judicialmay act as a check on agency power. True or false?