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Administrative Law Keyed to Lawson
Texas Municipal Power Agency v. EPA
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
The EPA filled a gap in the Act’s statutory scheme regarding how to define a unit’s actual emission rate in its National Allowance Database (NABD) and “July 1991 Notice.” The Notice allowed a claim for allowances not listed in the database, but required that they also submit the unit’s “actual emission rate” and other supporting information. AMP-Ohio submitted an allowance request to the EPA for one of its facilities, and the EPA granted it only half the allowances it requested from the data it submitted. The EPA based the allowances on the average emission rate of utilities in Ohio that year, claiming that it did not have supporting data necessary to validate AMP-Ohio’s claimed emission rate. AMP-Ohio claimed the substitution of a calculated emission rate for the submitted rate was an impermissible construction of the applicable statute.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.