CPP Legal Authority & Jurisdictional Issues Flashcards
6 cards from real CPP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 CPP Legal Authority & Jurisdictional Issues flashcards as text
What is the 'arbitrary and capricious' standard used by courts reviewing agency permit decisions?
Answer: A court will overturn an agency decision that lacks rational basis, ignores relevant factors, or relies on prohibited factors
Under APA Section 706, courts overturn agency actions that are arbitrary, capricious, or an abuse of discretion — meaning the agency failed to consider relevant factors, made a clear factual error, or offered only a post-hoc rationalization.
What is a 'programmatic' environmental review under NEPA, and how does it differ from project-level review?
Answer: Programmatic review covers a broad program or policy; project-level review tiers from it for site-specific impacts
Programmatic EISs assess broad policies, plans, or programs at a high level, allowing subsequent site-specific projects to tier from the programmatic review and focus only on project-specific impacts.
Under the Clean Water Act, what is the difference between a Section 402 NPDES permit and a Section 404 permit?
Answer: Section 402 covers discharges of pollutants into waters; Section 404 covers dredge or fill material specifically
NPDES (Section 402) permits regulate point source discharges of pollutants (including industrial waste and stormwater) into waters of the US, while Section 404 permits specifically regulate placement of dredged or fill material.
What is the 'public trust doctrine' and how does it affect coastal and wetland permitting?
Answer: Certain resources (navigable waters, tidelands) are held in trust by the state for public benefit and cannot be transferred to private ownership
The public trust doctrine holds that states hold title to tidelands, navigable waters, and some other resources as trustee for the public, limiting what can be permitted or sold to private parties.
What is 'vested rights' in the context of land use and permits?
Answer: A developer's right to complete a project under rules in effect when they began in good faith reliance on a permit
Vested rights protect a developer who has invested in good faith reliance on a permit from retroactive application of changed regulations, though states vary widely on when rights vest.
Which principle allows a federal agency to correct an error in its permit decision without judicial intervention?
Answer: Reconsideration or remand by the agency itself under administrative law
Agencies can reconsider and correct their own decisions through administrative reconsideration processes or by accepting voluntary remands from courts, allowing errors to be fixed without full litigation.