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Judicial Review of Agency Environmental Decisions

Description: This quiz is designed to assess your understanding of judicial review of agency environmental decisions.
Number of Questions: 15
Created by:
Tags: environmental law judicial review administrative law
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Which of the following is NOT a standard of review that courts use to review agency environmental decisions?

  1. Arbitrary and capricious

  2. Substantial evidence

  3. De novo review

  4. Abuse of discretion

Show answer
Correct Option: C
Explanation:

De novo review is not a standard of review that courts use to review agency environmental decisions. De novo review is a standard of review that courts use to review decisions made by lower courts.

What is the scope of review for a court reviewing an agency environmental decision under the arbitrary and capricious standard?

  1. The court will review the agency's decision to determine if it is supported by substantial evidence.

  2. The court will review the agency's decision to determine if it is based on a rational connection between the facts found and the choice made.

  3. The court will review the agency's decision to determine if it is in accordance with the law.

  4. The court will review the agency's decision to determine if it is arbitrary, capricious, or an abuse of discretion.

Show answer
Correct Option: B
Explanation:

Under the arbitrary and capricious standard, the court will review the agency's decision to determine if it is based on a rational connection between the facts found and the choice made.

What is the scope of review for a court reviewing an agency environmental decision under the substantial evidence standard?

  1. The court will review the agency's decision to determine if it is supported by substantial evidence.

  2. The court will review the agency's decision to determine if it is based on a rational connection between the facts found and the choice made.

  3. The court will review the agency's decision to determine if it is in accordance with the law.

  4. The court will review the agency's decision to determine if it is arbitrary, capricious, or an abuse of discretion.

Show answer
Correct Option: A
Explanation:

Under the substantial evidence standard, the court will review the agency's decision to determine if it is supported by substantial evidence.

What is the scope of review for a court reviewing an agency environmental decision under the abuse of discretion standard?

  1. The court will review the agency's decision to determine if it is supported by substantial evidence.

  2. The court will review the agency's decision to determine if it is based on a rational connection between the facts found and the choice made.

  3. The court will review the agency's decision to determine if it is in accordance with the law.

  4. The court will review the agency's decision to determine if it is arbitrary, capricious, or an abuse of discretion.

Show answer
Correct Option: D
Explanation:

Under the abuse of discretion standard, the court will review the agency's decision to determine if it is arbitrary, capricious, or an abuse of discretion.

What is the burden of proof for a party challenging an agency environmental decision?

  1. The party challenging the agency decision must prove that the agency's decision was arbitrary and capricious.

  2. The party challenging the agency decision must prove that the agency's decision was not supported by substantial evidence.

  3. The party challenging the agency decision must prove that the agency's decision was not in accordance with the law.

  4. The party challenging the agency decision must prove that the agency's decision was arbitrary, capricious, or an abuse of discretion.

Show answer
Correct Option: A
Explanation:

The burden of proof for a party challenging an agency environmental decision is to prove that the agency's decision was arbitrary and capricious.

What is the standard of review for a court reviewing an agency environmental decision that involves a question of law?

  1. De novo review

  2. Arbitrary and capricious

  3. Substantial evidence

  4. Abuse of discretion

Show answer
Correct Option: A
Explanation:

The standard of review for a court reviewing an agency environmental decision that involves a question of law is de novo review.

What is the standard of review for a court reviewing an agency environmental decision that involves a question of fact?

  1. De novo review

  2. Arbitrary and capricious

  3. Substantial evidence

  4. Abuse of discretion

Show answer
Correct Option: C
Explanation:

The standard of review for a court reviewing an agency environmental decision that involves a question of fact is substantial evidence.

What is the standard of review for a court reviewing an agency environmental decision that involves a mixed question of law and fact?

  1. De novo review

  2. Arbitrary and capricious

  3. Substantial evidence

  4. Abuse of discretion

Show answer
Correct Option: B
Explanation:

The standard of review for a court reviewing an agency environmental decision that involves a mixed question of law and fact is arbitrary and capricious.

What are the three main types of judicial review of agency environmental decisions?

  1. Formal review, informal review, and hybrid review

  2. Substantive review, procedural review, and mixed review

  3. De novo review, arbitrary and capricious review, and substantial evidence review

  4. Abuse of discretion review, de novo review, and substantial evidence review

Show answer
Correct Option: B
Explanation:

The three main types of judicial review of agency environmental decisions are substantive review, procedural review, and mixed review.

What is the purpose of judicial review of agency environmental decisions?

  1. To ensure that agencies are acting within their authority

  2. To ensure that agencies are following the law

  3. To ensure that agencies are making decisions that are based on sound science

  4. All of the above

Show answer
Correct Option: D
Explanation:

The purpose of judicial review of agency environmental decisions is to ensure that agencies are acting within their authority, following the law, and making decisions that are based on sound science.

What are some of the challenges associated with judicial review of agency environmental decisions?

  1. The complexity of the scientific issues involved

  2. The deference that courts give to agencies

  3. The limited resources available to courts

  4. All of the above

Show answer
Correct Option: D
Explanation:

Some of the challenges associated with judicial review of agency environmental decisions include the complexity of the scientific issues involved, the deference that courts give to agencies, and the limited resources available to courts.

What are some of the recent trends in judicial review of agency environmental decisions?

  1. Courts are becoming more willing to overturn agency decisions

  2. Courts are becoming more deferential to agencies

  3. Courts are becoming more focused on the scientific basis for agency decisions

  4. All of the above

Show answer
Correct Option: D
Explanation:

Some of the recent trends in judicial review of agency environmental decisions include courts becoming more willing to overturn agency decisions, courts becoming more deferential to agencies, and courts becoming more focused on the scientific basis for agency decisions.

What is the future of judicial review of agency environmental decisions?

  1. Courts will continue to play an important role in reviewing agency environmental decisions

  2. Courts will become less involved in reviewing agency environmental decisions

  3. Courts will become more involved in reviewing agency environmental decisions

  4. It is unclear what the future of judicial review of agency environmental decisions will be

Show answer
Correct Option: D
Explanation:

It is unclear what the future of judicial review of agency environmental decisions will be.

What are some of the key cases in the area of judicial review of agency environmental decisions?

  1. Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.

  2. Massachusetts v. Environmental Protection Agency

  3. Lujan v. Defenders of Wildlife

  4. All of the above

Show answer
Correct Option: D
Explanation:

Some of the key cases in the area of judicial review of agency environmental decisions include Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., Massachusetts v. Environmental Protection Agency, and Lujan v. Defenders of Wildlife.

What are some of the resources available to help lawyers and judges understand judicial review of agency environmental decisions?

  1. The Administrative Procedure Act

  2. The National Environmental Policy Act

  3. The Clean Air Act

  4. All of the above

Show answer
Correct Option: D
Explanation:

Some of the resources available to help lawyers and judges understand judicial review of agency environmental decisions include the Administrative Procedure Act, the National Environmental Policy Act, and the Clean Air Act.

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