1 / 6

Administrative Law

Administrative Law. Why and how do agencies regulate? With specific reference to the BP situation . . . What are the goals/purposes of the MMS?.

abrial
Download Presentation

Administrative Law

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Administrative Law Why and how do agencies regulate? With specific reference to the BP situation . . .

  2. What are the goals/purposes of the MMS? • To make the OCS available “for expeditious and orderly development . . .” – OCSLA, 43 USC § 1332. http://www.boemre.gov/aboutmms/pdffiles/ocsla.pdf • MMS has power to grant drilling leases or permit geological exploration and to collect/disperse revenues from same – OCSLAat §§ 1334-35, 1337, 1338, 1340; FOGRMA, 30 USC §§ 1701, 1711. • Unconditionally? • Leasing, Exploration & Development must be done in a manner that: • Protects the environment – OCSLA at §§ 1332(3), 1344, 1346, 1348, 1351. • Is consistent with other federal laws (e.g., NLRA, antitrust) – OCSLAat §§ 1333, 1337(c) • Cooperates with (and aids) states – OCSLA at §§ 1332, 1345; FOGRMA, at § 1732 • Protects national security - OCSLA at § 1337(p)(4) • Considers economic, social and environmental values - OCSLA at § 1344

  3. What powers/obligations does the MMS have allowing it to meet its goals/obligations? Power to issue/cancel/suspend leases per guidelines in statute • Power to issue rules regulating leases per guidelines in statute Power to approve geological/geophysical exploration • Approval must be withheld unless exploring party files a “plan” (some exceptions) with specific details of exploration • Power to issue regulations requiring permits (with specific conditions re environment and qualifications) Tangential powers/obligations • Suspension of operations due to national security & other threats • Must conduct environmental studies of any lease area • Consider studies in enacting regs and lease conditions • Study/enact regs re safety of working conditions • Enforcement of safety/environmental regs • Inspections, investigations, subpoenas, depositions, civil penalties, criminal penalties, injunctions

  4. Why should an agency (MMS) regulate rather than leaving mining operations unregulated? • What kinds of goods are minerals? • Absent regulation what can unregulated acts by private actors do?

  5. Did MMS adequately perform its obligations? Why or why not? • Regulatory capture - when a regulatory agency created to act in the public interest instead acts in favor of the special interests that dominate in the industry or sector it is charged with regulating. • Public interest theoristsbelieve that regulatory capture involves regulatory failure because public officials lose focus on their purpose and act in favor of a regulated group, which produces negative externalities. • Public choice theoristsbelieve that regulatory capture is an inevitable occurrence when groups/individuals with a high-stakes interest in the outcome of regulatory decisions focus their resources to gain the outcomes they prefer, while members of the public, who have only a tiny individual stake in the outcome, ignore the issue altogether. The high-stakes group "captures" influence with the regulatory agency, so that the preferred policy outcomes of the special interest are implemented. • Is MMS/industry totally at fault for such capture?

  6. What alternatives to agency regulation are there? How could we deal with disasters other than having agencies regulate? • Civil litigation • Note – OCSLA & OPCA of 1990 allows for civil suits. • Downsides? • Congress (more accountable because elected) could do more of the heavy lifting on regulation via laws • Downsides?

More Related