Task 17. Make up dialogues using the questions of Task 12 and your own ones.

Task 18. Sum up the main information from the text in writing.

SUPPLEMENTARY READING

Introduction to the United States Legal System STRUCTURE OF GOVERNMENTThe United States is a federalist system. The national government has specific, enumerated powers, and the fifty sovereign states retain substantial autonomy and authority. Both the national government and each state government is divided into executive, legislative andjudicial branches. Written constitutions, both federal and state, form a system of separated powers, checks and balances among the branches. NATIONAL-SUBNATIONAL RELATIONSAny powers not delegated to the federal government in the Constitution, nor prohibited by it to the states, are reserved to the states, or to the people. U.S. Const. amend. X. Nonetheless, the powers of the federal government are extensive. The federal government's authority to regulate interstate commerce, U.S. Const. art. I, sec. 8 cl. 3, makes it the predominant force in environmental regulation. The states, under their general police powers to protect the public health, safety and welfare, also retain substantial independent authority to issue environmental protection laws applicable to their citizens and residents.Potential conflicts between state and federal regulation in all areas, including environmental protection, are governed by the Supremacy Clause of the U.S. Constitution. U.S. Const. art. VI. The federal Constitution, federal laws, and international treaties are supreme to state or local law; state and local laws that contradict federal laws or treaties are thus preempted and can be declared unconstitutional by a federal court.Although the Constitution sets forth the basic framework for national-subnational relationships in the U.S., many environmental statutes add detail to specific aspects of those relationships within the broader constitutional framework. For example, federal statutes might explicitly preempt, or explicitly waive any preemption of, state law. See, e.g., Toxic Substance Control Act (TSCA), 15 U.S.C. sec. 2617; Clean Water Act (CWA), 33 U.S.C. sec. 1370; Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. sec. 136v; Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. sec. 9614; and Resource Conservation and Recovery Act (RCRA), 42 U.S.C. sec. 6929. Some federal environmental statutes create national minimum standards delegating primary implementation of federal programs to states that meet certain federal standards. States are free to enact stricter regulations. See, e.g., CWA, 33 U.S.C. sec. 1370; RCRA, 42 U.S.C. sec. 6929. When a state is delegated federal authority, EPA and the state will sign a Memorandum of Agreement establishing their respective responsibilities and necessary procedures. Many federal environmental statutes also provide for grants, technical assistance and other support to assist the states in furthering national policies or programs. See,e.g., TSCA, 15 U.S.C. sec. 2627; CWA, 33 U.S.C. sec. 1329 (h). A U.S. citizen can be subject to both federal and state law on environmental issues. NATIVE GOVERNMENTS / ABORIGINAL PEOPLESNative Americans have significant rights of self-government under the U.S. Constitution, which stem from their own sovereignty. Among other powers, tribal governments have the power to tax, to pass their own laws and to have their own courts. Nonetheless, the general rule is that federal laws of general applicability apply equally to Native Americans and their property. Federal Power Commission v. Tuscarora, 362 U.S. 99, 116 (1960); U.S. Department of Labor v. Occupational Safety and Health Administration, 935 F.2d 182 (9th Cir. 1991). Exceptions to this general applicability of federal law apply where Congress intended to exempt Native Americans; where the issues relate to the core of Native American self-governance and self- organization; or where application would abrogate rights guaranteed by Native American treaties. Even in these areas, however, Congress can expressly apply a statute to Native Americans.Many of the federal environmental laws have specific provisions explaining how the law applies to Native American tribal lands. The provisions vary, but typically grant to Native American tribal governments similar rights and responsibilities as those granted tostates. See, e.g., CWA, 33 U.S.C. sec. 1377; Safe Drinking Water Act (SDWA), 42 U.S.C. sec. 300j-11; Clean Air Act (CAA), 42 U.S.C. sec. 7601(d); CERCLA, 42 U.S.C. sec. 9626; and Surface Mining Control and Reclamation Act (SMCRA), 30 U.S.C. sec. 1300.The Bureau of Indian Affairs (BIA) is charged with carrying out the major portion of the trust responsibility of the United States to Native American tribes. This trust includes the protection and enhancement of Native America lands and the conservation and development of natural resources, including fish and wildlife, outdoor recreation, water, rangeland, and forestry resources. BIA was created in the War Department in 1824 and transferred to the Department of the Interior in 1949. In addition, the trust responsibility generally applies to all other federal agencies as well. State Laws.

Native American tribes are usually not subject to state law except under very limited circumstances. See Cabazon Band of Mission Indians v. California, 480 U.S. 202 (1987).

 

THE EXECUTIVE BRANCH OF THE USA

 

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