Effect of Administrative Law
The regulations are treated by the courts as being as legally binding as Statutory Law, provided the regulations are a reasonable interpretation of the underlying statutes.
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For example, if Congress passed a law that simply stated that there are not to be "excessive" levels of Mercury in any significant body of water in the United States (but defined things no further), an entity designated, as part of the law, to enforce it (probably the United States Environmental Protection Agency) could define in a scientific way what an excessive level of Mercury is, as well as what constitutes a significant body of water. The Agency's definitions and its plan of enforcement for what Congress intended (along with listed penalties for violation coming from Congress unless Congress specified otherwise) will all go into the CFR (Code of Federal Regulations).
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Also, enabling legislation can be passed by Congress which gives federal non-Congressional entity wide latitude in creating rules (law of bases). For example, the United States Environmental Protection Agency could be designated by Congress to pass rules "that control harmful pollutants"; the Agency could then pass broad rules (including definitions and enforcement provisions), in the absence of existing specific laws, to control lead emissions, radon emissions, pesticide emissions, and so forth. Such rules, including any Congressional- or Agency-created definitions and enforcement provisions, will all go into the CFR.
The American Bar Association's official journal concerning administrative law is the Administrative Law Review.
Read More >> Effect of Administrative Law | List of Regulation Titles
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