Mgmt 520 Week 2

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Environmental Protection Agency Proposed Rule Number 61 Keller Graduate School 1. State the administrative agency that controls the regulation. Briefly explain why this agency and your proposed regulation change interest you. Will this proposed regulation affect you or the business in which you are working? The Environmental Protection Agency (EPA) is in charge of the National Priorities List. Currently the EPA is seeking to propose a rule 61. I currently work for a corporation, AECOM that stands for Architecture, Engineering, Construction, Operations, Management, where our job is to destroy chemical agent, such as mustard nerve agent. AECOM works diligently to follow EPA guidelines to ensure we do not fall under Comprehensive…show more content…
There are five legal theories you can use in an attempt to have any administrative regulation declared invalid and overturned in court. The first is the arbitrary and capricious standard, which is applied to informal rulemaking and simply requires the agency to show evidence to support the proposed rule. If there is not evidence then the rule can be held to be arbitrary and capricious. Second, is to challenge the regulation as being unconstitutional. If a regulation challenged because of unconstitutional grounds it is due to the fact that the regulation gives the agency authority to search records or discriminate against a certain class. Third, is that the regulation is unsupported by substantial evidence. Substantial evidence requires that more convincing evidence exist in support of the regulation that against it. Fourth, involves the rule that a regulation can be set aside if the agency did not apply with the Administrative Procedure Act requirements of notice, publication, and comment or input. Last, but not least, is ultra vires, a Latin word which means “beyond its power”. This applies if an agency tries to change the substance and purpose of the enabling act through regulation. Which of these challenges would be the best way to challenge the regulation you selected and why? The best way to attempt to challenge the regulation if I wanted to have the regulation overturned would be the arbitrary and capricious standard in the case that they
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