Read the following scenario and answer the question in 5 sentences at least. You
ID: 351405 • Letter: R
Question
Read the following scenario and answer the question in 5 sentences at least.
You are an administrator working for the Maine Department of Environmental Protection, a state administrative agency. You are tasked with implementing a new and controversial pollution control rule. The media will be watching closely to ensure all required procedures are followed. Local citizens are requesting that the rule be implemented immediately and without a hearing because, they argue, the need for controls are so acute. A California environmental group is requesting that you consider the impacts of the rule on their state. A manufacturing lobbyist has asked you to decrease relevant pollution standards in the rule by 90%, even though you have significant evidence that current pollution levels are dangerously high. Assuming that Maine administrative law, including the Administrative Procedure Act, is substantially the same as federal law discussed in this chapter, evaluate your responses to these requests in light of rules you need to follow. You want to avoid having your rule held unlawful and set aside by a court.
Explanation / Answer
The Maine Department of Environmental Protection must implement the pollution control rule by carefully examining all the aspects and the impact on different stakeholders if the rule is passed.
Local citizens: The administrative agency must respond to the local citizens request by ensuring that the rule is implemented in a timely manner. The local citizens must be assured that environmental implications will be curbed to the maximum extent possible through this rule and that the rule will be effective in a timely manner.
California environmental group: The request of California environmental group is valid and the group must be assured that the impacts of rule on the state have been thoroughly studied and policies will be put in place to reduce the environmental impact as much as possible.
Manufacturing lobbyist: The request of manufacturing lobbyist is critical since passing of pollution control rule will definitely raise the relevant pollution standards and in order to convey this to the lobbyist, the administrative agency must hold a meeting with the lobbyist and make him/her aware of the current position and the new set of standards applicable on the manufacturing organizations as well as the opportunities available to them. Clearly convey the position to the lobbyist to avoid any confrontation later on.
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