Administrative Law by FN4Cq68t


									                                  Administrative Law
                                   Professor Wells

       For 9/29, we begin discussing agency authority to adjudicate. Skim Crowell v.
Benson (posted) and read pp. 172-80 in the textbook. While reading these materials,
keep in mind the following questions:

1.    Crowell is necessary background but we will focus on Schor.
2.    Does Article III allow any arm of the government other than the judiciary to
      exercise judicial power?
3.    What test does Schor use to determine whether agency adjudications violate
      Article III? Is Schor a workable approach to determining when agencies can
      adjudicate consistent with Article III? To what extent does Schor still cling to
      aspects of Crowell.
4.    According to Schor, the purposes underlying Article III are critical to assessing
      the constitutionality of agency adjudications? What are the purposes of Article III
      courts? When do agency adjudications threaten those purposes?
5.    Consider the following hypothetical which helps us to put Schor into action.
      Does the agency’s action violate the Court’s standard in Schor?

          The EPA requires companies that incinerate hazardous waste to get a permit. To get
          a permit, a company initially applies to the EPA section in the Region where the
          incinerator is located. If the Region denies the permit, the company can appeal to an
          Environmental Appeals Board (“EAB”), an administrative tribunal within the EPA.
          If the EAB upholds the denial, the company can seek review by the Administrator of
          the EPA. If the Administrator upholds the denial, the company may seek judicial
          review in an Article III court.
               Hazardous Waste Management, Inc. (“HWM”) was denied an incinerator permit
          at all levels mentioned above. HWM filed a lawsuit in federal court challenging the
          denial and claiming that the scheme violates Article III by unconstitutionally
          delegating judicial power to non-article III entities (Region, EAB, and
          Administrator). How will this come out under Schor?

6.    Try to get a handle on the Atlas Roofing case and the right to jury trial when
      agencies adjudicate. To what extent does Crowell’s public right/private right
      distinction play a role in the Court’s conclusion?

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