1. Welcome to Administrative Law Seminar 3 Regulatory Enforcement

2. Office Hours: Primary – Phone 770-375-6774 and occasionally I will be on “Google Chat” – Tuesday’s 4pm to 6pm eastern E-mail : TSeabrooks@kaplan.eduTSeabrooks@kaplan.edu Contact

3. Seminar’s Wednesday’s 10pm to 11pm Eastern Time 5 Points Alternative Assignment October 2012 10/03; 10/10; 10/24 & 10/31 - 4 Seminars November 2012 11/7; 11/14; 11/21 – 3 Seminars

4. Discussion Board  Discussion Board – Each week there is two or three discussion questions, worth 20 points  Across at least 3 days a week  Response to the Topic question(s)  Responses to at least 2 classmates  Responses are original, thoughtful, relevant, include original evaluation, and advance the discussion  Please ensure contributions are made in a timely manner to allow for student feedback

5. Discussion Board  Discussion Board – Each week there is two or three discussion questions, worth 20 points  Communications must be professional and civil at all times. All posts must be done in an environment which is collaborative.  Please make sure your message is substantive – more than “I agree” or less than a paragraph response.  When you use information from our textbook or other sources you MUST cite references.  Wait to response to a message that upsets you and be careful of what you say and how you say it. (Contact Professor)

6. 1. Read Chapter 4 & Mini Lecture On the Reading page and in Doc Sharing 2. Review Unit 4 Key Terms On the Reading page 3. Post to the Discussion Board 20 Points (2 Questions) 4. Attend the weekly Seminar – 5 Points October 3 rd 5. Complete and submit the Unit 3 assignment 100 points - October 9 th Unit 3 – Regulatory Enforcement

7. Regulatory Enforcement & Environment

8. Environmental Laws  Clean Air Act of 1970  Water Pollution Control Act of 1972  Resource Conservation and Recovery Act 1976  Endangered Species Act of 1973

9. Clean Air Act of 1970 Clean Air Act 1970: The Clean Air Act (CAA) is the comprehensive federal law that regulates air emissions from stationary and mobile sources. Among other things, this law authorizes EPA to establish National Ambient Air Quality Standards (NAAQS) to protect public health and public welfare and to regulate emissions of hazardous air pollutants.

10. Clean Air Act of 1970 1948 Dinora Smog – It happen in Donora, Pennsylvania from Tuesday, October 26 to October 31 when it rain to clear the air. http://www.npr.org/player/v2/mediaPlayer.html?action=1&t=1 &islist=false&id=103359330&m=103377149

11. Clean Air Act of 1970 Images https://www.google.com/search?q=donora+smog+images&hl=e n&client=firefox-a&hs=gFg&sa=X&rls=org.mozilla:en- US:official&prmd=imvns&tbm=isch&tbo=u&source=univ&ei= ZIppUKLQGY- k8gTt_IGoCw&ved=0CB0QsAQ&biw=1234&bih=740 https://www.google.com/search?q=donora+smog+images&hl=e n&client=firefox-a&hs=gFg&sa=X&rls=org.mozilla:en- US:official&prmd=imvns&tbm=isch&tbo=u&source=univ&ei= ZIppUKLQGY- k8gTt_IGoCw&ved=0CB0QsAQ&biw=1234&bih=740

12. Clean Water Act of 1977 Clean Water Act 1977: The Clean Water Act (CWA) establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters. The basis of the CWA was enacted in 1948 and was called the Federal Water Pollution Control Act, but the Act was significantly reorganized and expanded in 1972. "Clean Water Act" became the Act's common name with amendments in 1977.

13. Clean Water Act of 1977 http://csedberr- csedberr.blogspot.com/2010_04_01_archive.html

14. Resource Conservation and Recovery Act 1976 (RCRA) RCRA 1976 : The Resource Conservation and Recovery Act (RCRA) gives EPA the authority to control hazardous waste from the "cradle-to-grave." This includes the generation, transportation, treatment, storage, and disposal of hazardous waste. RCRA also set forth a framework for the management of non- hazardous solid wastes. The 1986 amendments to RCRA enabled EPA to address environmental problems that could result from underground tanks storing petroleum and other hazardous substances.

15. Resource Conservation and Recovery Act 1976 (RCRA) http://www.youtube.com/w atch?v=ieff5zGIyBM&featu re=related

16. Endangered Species Act 1973 RCRA 1976 : The Endangered Species Act (ESA) provides a program for the conservation of threatened and endangered plants and animals and the habitats in which they are found. Species include birds, insects, fish, reptiles, mammals, crustaceans, flowers, grasses, and trees.

17. Endangered Species Act 1973 http://www.youtube.com/watch?v =mIMl09NLPls&feature=related

18. Lunch with the Chamber of Commerce You are a legislative analyst for a local state representative in your state. You are asked by your boss, the chief of staff for the representative, to give a luncheon PowerPoint presentation at the local Chamber of Commerce. The chief of staff tells you that members of the Chamber are from a diverse group of industries, but all of these industries are heavily regulated by government agencies in one way or another. As a result, the focus of your presentation should be on administrative law that highlights the history of, reasons for, and legal structures of government agencies. The chief of staff asks you to limit your presentation to 5-8 slides, and include talking points in the Notes section of each slide. The talking points in the Notes should be more than bullet points. Unit 3 Assignment

19.  PowerPoint Presentation Length should be 5-8 slides; in 18-20 point font (Arial, Courier, and Times New Roman are acceptable). Notes content can be in 12 point font.  Assignment should follow the conventions of Standard American English (correct grammar, punctuation, etc.).  Writing should be well ordered, logical and unified, as well as original and insightful  Your work should display superior content, organization, style, and mechanics  Appropriate citation style should be followed. Unit 3 Assignment

21. Unit 3 – Grading Rubric  Student located relevant administrative law and policy elements and engaged in substantive research of the elements and impact of such elements. 35 points  Student identified at least 2+ administrative law and policy elements and identified the impact of their respective elements. 40 Points  Technically flawless, mechanically and grammatically correct. 10 Points

22. Unit 3 Grading Rubric  Organization and structure of the paper are clear and easy to follow. 5 points  Logical flow of ideas. 5 Points  Variety of sentence length and structure. Language rich, precise, and vivid. 5 Points Total - 100 Points

23. Lunch with the Chamber of Commerce Submit your presentation to the Dropbox by the end of Unit 3. October 9th Unit 3 Assignment

24. Review the majority opinion and dissenting opinion in the Skinner case. Click here to download the case. The majority opinion starts on page 2 and the dissenting opinion starts on page 14.here to download the case After reviewing the opinions, answer the following questions.  What is the government’s interest in this case?  What is the interest of the employees in this case?  Do you agree that the tests described in this case are searches under the Fourth Amendment? Why or why not? Unit 3 – Topic #1 Constitutional Protections

25.  Do the regulations properly balance all of the interests in this case? Why or why not?  Do you agree with the majority opinion which sees these regulations as not being an undue infringement on the justifiable expectations of privacy of covered employees? Or do you agree with the dissenting opinion that believes the majority reads the probable cause requirement out of the Fourth Amendment? Briefly explain your answer. Unit 3 – Topic #1 Constitutional Protections

26. Watch the video entitled: Protecting Workers: How OSHA Conducts Inspections (Length 18:16). (http://www.youtube.com/watch?v=wNjbrapjtv4)Then read the case entitled Lakeland Enterprises of Rhinelander, Inc. v. Chao, which is an OSHA inspection case with constitutional and practical ramifications.http://www.youtube.com/watch?v=wNjbrapjtv4 Lakeland Enterprises of Rhinelander, Inc. v. Chao http://www.swlearning.com/blaw/cases/employment _law/0805_employment_law_02.html Unit 3 – Topic #2 Administrative Inspections

27.  What are the procedures that OSHA typically follows in inspecting a facility?  Did OSHA follow those procedures in the Lakeland Enterprises case?  What are the typical penalties for OSHA violations? What were the violations at issues in the Lakeland Enterprises case?  Do you agree with the court that there was sufficient evidence to find willful violations in this case?  Do you agree that the Fourth Amendment is not implicated in this case?  What practical advice would you give to the defendants in the Lakeland Enterprises case based on the OSHA informational video? Unit 3 – Topic #2 Administrative Inspections

28. Adjourn Have a great week… “See” you on the Discussion Boards Goodnight!