steps
steoan221a
final_laws__flint_water_crisis-2.pptxLaws & Flint Water Crisis
Kimberly Lu
4/26/2017
History
1946- Administrative Procedure Act (APA)
APA created by Franklin Roosevelt through New Deal Act
70’s Environmental Crisis EPA
Rachel Carson- Silent Spring
Raised awareness about environmental issues in U.S.
Environmental Protection Agency (EPA )created by Nixon in 1970
EPA oversees everything about environmental issues
Federal gov’t allows EPA to set up guidelines, protocols
Especially water crisis Flint
Administrative Procedure Act (APA)
Created in1946
Purpose: regulate and provide standards overseen by legislative branch
How?
Requiring federal agencies to keep public informed
Asking public participation in the process of rulemaking (i.e. through informal rulemaking)
Providing standardized procedure in conducting formal rulemaking & adjudication
Define the scope of judicial review
The Safe Drinking Water Act
1974
Purpose: to protect public health by regulating public drinking water
Amended in 1986 & 1996 to include requirements for actions protect drinking water and its sources (i.e. rivers, lakes, reservoirs, springs and ground well water)
Threats: chemicals, animal wastes, pesticides, human threats, contaminants
EPA regulates, educates, and enforces this law
Example of Flint Water Crisis
Who broke it?
What happened ?
Lead Contaminant Control Act
1988
Purpose: to reduce exposure to lead in drinking water by recalling of lead-lined water coolers, requires EPA to guide and test protocols for states
Help children in schools and daycare to correctly identify contaminates in school drinking water
Example of Flint Water Crisis
Who broke it?
What happened ?
The Reduction of Lead in Drinking Water Act
2011
Lead –free
Banning of sale of lead pipes and plumbing fittings and fixtures
Required EPA to develop strategic plan to assess and manage risks associated with drinking water, including algal toxins
Example of Flint Water Crisis
Who broke it?
What happened ?
Administrative Laws
Informal Rulemaking Process
Most administrative rules are created through this
Fours Steps:
Congress pass legislation to either create an administrative agency or to provide guidance for existing agency
Agency draft & publish online proposed rule
Proposed rule has 30 days public comments = Comment Period
All public comments are in & agency make final revisions = Notice & Comment Rulemaking
Example of Flint Water Crisis
Who?
What happened ?
Formal Rulemaking Process
Stature
A hearing is held with evidence
Administrative law judge takes up the case
Parties affected have the right to a hearing & intervening proceeding
Judge makes final decision
Example of Flint Water Crisis
Who?
What happened ?
Regulatory Flexibility Act
Used as a small business concept
Abide with rules and regulations but cannot bankrupt “small business”
Ex: The Safe Drinking Water Act forces all cities with old lead pipes in homes to re-pipe with lead-free plumbing.
Flint is poor- can’t do it so could claim RFA to not follow this rule
The problem!
Example of Flint Water Crisis
Who?
What happened ?
References:
Barry-Jester, A. (Jan 2016). What went wrong in Flint?.Retreieved from http://fivethirtyeight.com/features/what -went-wrong-in-flint
water-crisis- michigan / on 4/4/2017.
Hanna-Attisha, Mona, (Feb. 2016). Elevated blood lead levels in children associated with the Flint drinking water crisis: a spatial analysis of
Tiemann, Mary.(March 2017). Safe Drinking Water Act (SDWA): A Sumary of the act and its Major Requirements
risk and public health response.American Journal of Public Health. 106.2.283-284.
Facts about the Administrative Procedure Act. (n.d.). Retrieved from http://administrative.laws.com/adminstrative-procedure -act
Formal & informal rule making processes. (n.d.). Retrieved from http://justia.com on 4/4/2017.
Safe drinking water .(n.d.). Retreieved from Prof. Carson’s data on My.CLU on 4/4/2017.
Summary of Regulatory Flexibility Act, as amended by Small Business Regulatory Enforcement fairness Act. Retrieved from
Understanding the Safe Drinking Water Act. (n.d.). Retreieved from Prof. Carson’s data on My.CLU on 4/4/2017.
