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    Case Study - Legal Issue

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    Please help write a 2-3 page case study on a legal issue that I am having problems coming up with. Can you help me with coming up with a legal issue and apply the format scheme below?

    The topic or regulation can be for example: a state or federal law, local ordinace, state common law or an administrative rule.

    Format:

    Identification and description of the legal issue
    Identification and description of the legal rule
    Application of the rule to the legal issue
    Discussion of the outcome (probable or actual).

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    https://brainmass.com/law/administrative-law/case-study-legal-issue-69713

    Solution Preview

    Please see response attached.

    Format:

    1. Identification and description of the legal issue

    The issue facing the Chevron court, was what standard of review should be applied by a court to a government agency's own reading of a statute that gives that agency its authority to act. Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984)[1], was a case in which the United States Supreme Court set forth the legal analysis for determining whether to grant deference to a government agency's interpretation of its own statutory mandate. Chevron is the Court's most clear articulation of the doctrine of "administrative deference." (1)

    Background: Since the Supreme Court's ruling in Marbury v. Madison, 5 U.S.(1 Cranch) 137 (1803), United States federal courts have the authority to judicially review the statutes enacted by Congress, and declare a statute invalid if it violates the Constitution. But the Constitution sets no limits on a government agency's authority. Rather, federal government agencies are given authority through statutes enacted by Congress.(1)

    Facts: Congress amended the Clean Air Act in 1977 to address states that had failed to attain the air quality standards established by the EPA (Defendant). "The amended Clean Air Act required these 'nonattainment' States to establish a permit program regulating 'new or modified major stationary sources' of air pollution." 467 U.S. at 840. During the Carter administration, the EPA defined a source as any device in a plant that produced pollution. In 1981, after Reagan was elected, the EPA adopted a new definition that allowed an existing plant to get permits for new equipment that did not meet standards as long as the total emissions from the plant itself did not increase. The Natural Resources Defense Council (NRDC), the Plaintiff, an environmental protection group, challenged the EPA regulation and Chevron (Defendant), an affected party, appealed (1)

    2. Identification and description of the legal rule

    The administrative rule was to determine whether to grant deference to a government agency's interpretation of its own statutory mandate. In fact, Chevron is the Court's most clear articulation of the doctrine of "administrative deference."

    3. Application of the rule to the legal issue

    Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984)[1], was a case in which the United States Supreme Court set forth the legal analysis for determining whether to grant deference to a government agency's interpretation of its own statutory mandate. Chevron is the Court's most clear articulation of the doctrine of "administrative deference." (1)
    When a court reviews an agency's construction of the statute, which it administers, it is confronted with two questions. First, always, is the question ...

    Solution Summary

    This solution provided assistance in locating a relevant legal issue e.g. a state or federal law, local ordinace, state common law or an administrative rule, and applying the format scheme to the issue.

    $2.19