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Administrative Law

Administrative Law. Professor Wells TWR 12:00-12:50. What is Administrative Law?. Administrative law is the law of government administration. It is the system of general legal principles that legitimate and control the actions of administrative agencies.

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Administrative Law

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  1. Administrative Law Professor Wells TWR 12:00-12:50

  2. What is Administrative Law? • Administrative law is the law of government administration. • It is the system of general legal principles that legitimate and controlthe actions of administrative agencies.

  3. Administrative Law Through the Lens of BP - The Spill • http://www.youtube.com/watch?v=rlPPFcy-3Vo • http://www.youtube.com/watch?v=mCWW5xt3Hc8

  4. BP Oil Spill and the Government • What is the Minerals Management Service referred to in all of those newspaper articles? • The most basic answer: • It’s an administrative agency. • Defined as “any government entity that exercises government authority.” • APA § 551(1)(A)-(H): Each authority of US gov’t, whether or not it is within or subject to review by another agency, that is not Congress, the federal courts, a territorial gov’t or certain military entities • http://upload.wikimedia.org/wikipedia/commons/0/0c/Department_of_interior.jpg

  5. Where does the MMS come from? • Textbook (p. 3) – agencies don’t spring from nowhere • They are created/empowered by Congress via legislation OR by executive officials via executive orders • Specific legislation re MMS - http://www.boemre.gov/ • US Submerged Lands Act, 43 U.S.C. §§1301-1315 • Outer Continental Shelf Lands Act, 43 USC §§ 1331-1356a • Federal Oil & Gas Royalty Management Act, 30 USC § 1701 . . . • Oil Pollution Compensation Act of 1990 & amendments, 33 USC §§ 2701-2761 • Sec’y of Interior is referenced in all of the legislation. Sec’y then created MMS in 1982 to implement duties/obligations under the OCSLA and FOGRMA

  6. For Tomorrow: • Review the readings posted for today and related questions. • In addition, try to figure out from the statutes in the previous slide what the duties and obligations are of the Sec’y of Interior/MMS re offshore mineral management. • What goals does the agency have? • What specific powers does it have? • You can find the statutes on Westlaw or the agency’s website. • OCSLA & FOGRMA are the critical statutes here.

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