. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interest you (briefly). Will this proposed regulation affect you or the business in which you are working? If so, how? Submit a copy of the proposed regulation along with your responses to these five questions. The proposed regulation can be submitted as either a separate Word document (.doc) or Adobe file (.pdf). This means you will submit two attachments to the Week 2 Dropbox: (1) a Word doc with the questions and your answers and (2) a copy of the proposed regulation you used for this assignment. (10 points)
The administrative agency that controls this regulation is the ...view middle of the document...
The laws are already in place that protects these creatures from useless slaughter. If the oil and gas companies wish to explore and drill for oil in places where these mammals live, then they must also have respect for what was there before them. There are other ways in which you can scare the bears and walrus’s off, instead of killing them. They could use flare guns, bean bag bullets and other devices that would scare them away and not cause harm to them. I am against this regulation and I do think that since the Fish and Wildlife Service was created to protect these living beings, then that is what they should do, protect them , not kill them.
4. Provide the "deadline" by which the public comment must be made. (If the date has already passed, please provide when the deadline was). (5 points)
All comments must be received by April 11, 2011.
5. a. Once you have submitted your comment, what will you be legally entitled to do later in the promulgation process (if you should choose to do so)? (See the textbook's discussion of the Administrative Procedure Act.)
You would have the right to go to the public meeting that is being held on the proposed regulation. If the regulation is modified in anyway, you would then have the right to make comment on the modified regulation. If the regulation is passed, you would then have the right to challenge it in the court of law.
b. If the proposal passes, identify and explain the five legal theories you could use in an attempt to have the regulation declared invalid and overturned in court.
1. The first ground in which a regulation can be declared invalid and overturned in court would be a challenge as to whether or not the regulation is arbitrary, capricious, an abuse of discretion or in violation of some other law.
In May 2008, the Department of Interior, the department that is proposing this regulation, placed the polar bear on the Threatened Species under the Endangered Species Act (http://www.polarbearsinternational.org/polar-bears/faq#q2). So, if they are an endangered species, we have an obligation to protect them and help them grow in numbers. By passing the regulation, the same agency who placed them on the list, have allowed them to be killed for the purpose of drilling for oil and gas. They have also violated a law, which protects the polar bears from being hunted or killed.
2. The second theory would be to challenge the by showing that the regulation is unsupported by substantial evidence.
The numbers of polar bears has...