Walter wants to build a nuclear power plant on his ranch in western Wyoming. To
ID: 1137138 • Letter: W
Question
Walter wants to build a nuclear power plant on his ranch in western Wyoming. To do this, he must satisfy the requirements of a variety of regulati Environmental Protection Agency and the Federal N 1. ons from, among others, the Federal uclear Regulatory Commission. 1. 2. 3. Are the regulations a primary or secondary source of law? What kind of law are the regulations? If Walter wanted to challenge a regulation, what court (trial or appellate, state or federal, in personum or in rem jurisdiction or both) would have jurisdiction? 4. If Walter's case went all the way to the U.S. Supreme Court, what source of law would be created through the court's opinion. If the Wyoming Department of Environmental Quality had a regulation and Walter wanted to challenge it, what is the highest court to which he could ultimately appeal his" case and why? 5.Explanation / Answer
1. Regulations are primary source of law; these are in the form of constitutions, statutes, court cases, and, administrative rules.
2. Regulations are rule of authority prescribed by a competent authority. These rules relate to actions of those under the authority's control. These are passed by Federal agencies, and, Government departments to carry out the intent of the legislation enacted by the Congress.
3. A case can be filed even in a United States District Court against United States Nuclear Regulatory Commission. Appeal can be made even in the United States Court of Appeals
4. Primary source of law can come from Federal, and, State Agencies; changes can be made in the constitution through Federal & state law. Another primary source of law will be the case law.
5. The United States Supreme Court
The Court has original jurisdiction over suits involving public ministers, ambassadors; suits between two states; it also has appellate jurisdiction on cases involving a point of Federal, or, Constitutional law.
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