Writing Assignments

Each of the following writing assignments will be posted with sufficient time for students to prepare the required assignment.  They are to be labeled as Assignment I, Assignment II, and so forth as appropriate.  The Title Page should also include the name of the student, and the date of submission.  Remember no late submissions will be accepted or graded.

Select one rulemaking procedure of the Environmental Protection Agency's (E.P.A.'s).  That is, select , one of the E.P.A.'s authorizing statutes, and write an analytic essay that compares and contrasts that rulemaking procedure provided in that statute, with the standard, informal Notice-and-Comment procedure specified in the Administrative Procedure Act, 5 U.S.C. § 553.  Is the E.P.A.'s procedure more or less formal that the A.P.A.'s?  Why?  What makes the E.P.A.'s procedural more or less formal? How does the E.P.A.'s rulemaking procedure differ form that provided by the A.P.A?

It is due no later than the start of class on Tuesday, 22 January 2008.

This assignment is to submit a RE-WRITE of Assignment I.  Use the same Environmental statute as you chose for Assignment No. I as well as the A.P.A.  Attach the first paper you submitted to this rewrite by stapling the first paper on the back of the new paper.  Students who received a letter grade for Assignment I do not need to re-submit the paper if they accept their first grade.  Students who received a mark of  ~  on their first paper must re-write this paper and submit it over again.  Pay attention and follow the WRITING requirements for this course that are posted on the WEB.  Write carefully and clearly, and those students whose first papers indicated they should visit the WRITING LAB with drafts of their papers will be expected to do that!!!!  You need to focus the paper on (1) what procedures are provided in the A.P.A. for rulemaking, and what procedures are provided or have been developed by the E.P.A. for rulemaking under the selected statute.  Then compare and contrast these two sets of rulemaking procedures.  Cite the specific provisions of either statute to illustrate your points in the paper.  DO NOT USE secondary sources or websources for this analysis.

It is due no later than the start of class on Tuesday, 29 January 2008.

The following diagram outlines a framework for “fitting” most environmental laws into a regulatory framework.

Select two (2) clear, explicit, and separate portions of the environmental policy you have worked on this semester.  "Fit" or place each of these statutory provisions into the relevant segments of this diagram.  Clearly explain (with quotations from the statute as appropriate) why you have placed each provision in the category you choose.

Do not describe you statute but quote the appropriate portions of it to support your analysis.  Use those provisions as the basis for your analysis in the context of this figure.  Analyze the provisions of your statute and explain, in detail, how (and why) that statutory provision places it in the category chosen.  Also outline the impact of this kind of "regulation" for the achieving the statute's objective

Taken from D. Porrini, Environmental Polices Choice as an Issue of Informational Efficiency in J Backhaus, ed. The Elgar Companion to Law and Economics 2d ed. (Edward Elgar, 2005). p. 351.