EPA is supposed to have a contigency plan for the oil spill

They aren't laws, they're regulations. That is why they are called regulations and not laws. It's fairly straight-forward, Yurt.

wow...even you

tell me...why are they called administrative laws? why is administrative law an actual subject on state bars and taught in lawschools? why is there a whole area of law called administrative law?

its simply straight forward, i thought even someone with your limited intelligence would grasp this
 
Originally Posted by Cypress

Wow.

I thought you were a lawyer, or something. Must have you confused with Jarod.

Regulations are not law.

Regulations are rules that are promulgated by executive agency buearacrats, with public input, to implement laws.

Laws are, by definition, statutes passed by the vote of legislators and signed by an executive.

they are administrative law moron....:palm:

What's up with the childish name-calling?

Here you go Yurt....the State of California explains exactly what I said. We're done here.

California Dept. of Consumer Affairs.


Laws vs. Regulations... what's the difference?

* Laws are created by statutes that originate from legislative bills originally introduced by either the Senate or the Assembly. For example, in 1953 the Physical Therapy Practice Act (Act) was created by Chapter 1823 because of AB 1001. The Physical Therapy Practice Act begins with §2600 in the Business and Professions Code (B&P Code) and governs the practice of physical therapy. The Act, statutes, laws and B&P Code could be considered synonymous.

* Regulations are standards (see the Rulemaking Process below) adopted as rules by the Physical Therapy Board of California to implement, interpret, or make specific the law enforced or administered by the Physical Therapy Practice Act. Regulations must be approved by the Office of Administrative Law, and filed with the Secretary of State

http://www.ptbc.ca.gov/laws_regs/laws_regs.shtml
 
Prissy, your own source debunks your claim! Regulations can't exist unless there is a specific law for which to apply them. For instance, it is a regulation that law enforcement officers read your Miranda rights... they must do this because the law says you must be read your Miranda rights or your civil rights are violated. The law doesn't say the officer must read your Miranda rights a certain way or at a certain time, those are covered by the "regulations" regarding Miranda.

Your argument is silly and superficial. It's like admitting we have a law against murder, but there is no law against chopping someone's head off with an axe! Nope... not a single law on any book that you can't chop someone's head off with an axe... that "law" doesn't exist, but laws against murder certainly DO exist.
 
What's up with the childish name-calling?

Here you go Yurt....the State of California explains exactly what I said. We're done here.

no one here disputes that....what is disputed is you saying they are NOT law...they are in fact LAW...i guess you're too dense to even read your own link...what department deals with regulatations....administrative law

you, mott and nigel are confusing technical and term of art legal terms..."laws" are not the same as the "law"...apparently i must further instruct you guys because you've hit the stupid and stubborn wall...

administrative law

administrative law n. the procedures created by administrative agencies (governmental bodies of the city, county, state or Federal government) involving rules, regulations, applications, licenses, permits, available information, hearings, appeals and decision-making. Federal agency procedures are governed by the Administrative Procedure Act, and many states have adopted similar procedural formats either by law or regulation. It is important to consider two vital factors in dealing with administrative agencies: 1) the rules and regulations are often special for each agency and are not usually found in the statutes but in those regulations; 2) a member of the public must "exhaust his/her administrative remedies" (take every step, including appeals) with the agency and its system before he/she can challenge the administrative ruling with a lawsuit in court. There are exceptions (such as emergency or obvious futility) to exhausting one's remedies, but those are rare. Administrative law can be a technical jungle, and many lawyers make lots of money from knowing how to hack their way through it on behalf of their clients

http://legal-dictionary.thefreedictionary.com/Regulatory+law

what is truly embarrassing is that this started because mott claimed the regulations are not "law"...then you and nigel ignorantly jump in and start talking about "laws"...i already said they are technically regulations, however, they are in fact law....administrative law and as mott agrees, they have the same legal authority as statutory law...

let me explain the technical terms so we can end this embarrassment for you guys

statutory law - codes from legislation

case law (or what what used to be called common law) - decisions in certain courts

administative law - regulations etc...

i truly hope you guys can just admit you're wrong or at least put your tail between your legs and don't respond
 
wow...even you

tell me...why are they called administrative laws? why is administrative law an actual subject on state bars and taught in lawschools? why is there a whole area of law called administrative law?

its simply straight forward, i thought even someone with your limited intelligence would grasp this


Okay, after this post I'm getting off the merry go round.

I didn't go to law school, and I shouldn't be in a position to explain basic concepts of law and public code to you.

Tinfoil claimed he posted a law. I made an offhand comment that it wasn't a law, it was a regulation. I was 100% correct, and it just a minor, unsubstantial part of my entire response. I don't know why you latched onto that insignificant and obscure comment with such tenacity.

Administrative law are the rules that specifically govern public agencies. I think it's also called public law or public code. It deals with how government agencies are internally administered and how they can carry out their functions. It's entirely different than criminal law or civil law, as I understand it. I think administrative code are adopted by a quasi-judicial or quasi-legislative process, in which the legislative power to create administrative laws are vested in quasi-legislative entities like boards or commissions. But, I'm not exactly sure how that works.

Unfortunately, administrative law has nothing to do with this thread, and its baffling why you're even bringing it up.

Regulations are rules that implement laws adopted by the legislature, and that pertain to the regulation of private industry, interstate commerce, or to private citizens. Since the regulations that tinfoil posted pertain to USEPA and how they conduct oversight and coordination with respect to private entities, like dischargers, polluters, and with other state, local, and national entities, it's not an administrative law.

I would have thought the title "Code of Federal Regulations" on the link would make that crystal clear. But, I guess not.
 
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Okay, after this post I'm getting off the merry go round.

I didn't go to law school, and I shouldn't be in a position to explain basic concepts of law and public code to you.

Tinfoil claimed he posted a law. I made an offhand comment that it wasn't a law, it was a regulation. I was 100% correct, and it just a minor, unsubstantial part of my entire response. I don't know why you latched onto that insignificant and obscure comment with such tenacity.

Administrative law are the rules that specifically govern public agencies. I think it's also called public law or public code. It deals with how government agencies are internally administered and how they can carry out their functions. It's entirely different than criminal law or civil law, as I understand it. I think administrative code are adopted by a quasi-judicial or quasi-legislative process, in which the legislative power to create administrative laws are vested in quasi-legislative entities like boards or commissions. But, I'm not exactly sure how that works.

Unfortunately, administrative law has nothing to do with this thread, and its baffling why you're even bringing it up.

Regulations are rules that implement laws adopted by the legislature, and that pertain to the regulation of private industry, interstate commerce, or to private citizens. Since the regulations that tinfoil posted pertain to USEPA and how they conduct oversight and coordination with respect to private entities, like dischargers, polluters, and with other state, local, and national entities, it's not an administrative law.

I would have thought the title "Code of Federal Regulations" on the link would make that crystal clear. But, I guess not.

:palm:

you're such an idiot you don't even realize how many times you called them law....why you're being stupid and not realizing why i brought up admin law is beyond me....i even took the extra time to explain the technical terms for the different TYPE of laws that exist in our country and to further explain the technical difference between laws and law when used in their technical terms

using your logic, you would have us believe that decisions by judges are not laws, because the legislation didn't make the decision....you would further have us a believe that because something is a regulation, that it not a law to be followed....fact is, you're wrong, regulations (and even mott agrees) have the same force and effect as codes, so why you claim regulations are not law and not important is absolutely fucking stupid

i suggest you reread my post and study up on the terms

statutory or codified law, case law, administrative law

you are truly an embarrassment...i know there are few lawyers where you live, go and talk to them and get some education
 
i just realized something....

i think cypress hasn't read my post 66 yet....had he, he would not have further embarrassed himself
 
Tinfoil claimed he posted a law. I made an offhand comment that it wasn't a law, it was a regulation. I was 100% correct, and it just a minor, unsubstantial part of my entire response. I don't know why you latched onto that insignificant and obscure comment with such tenacity.

You were 100% incorrect, because a regulation is part of the law. It's idiotic beyond reason to argue otherwise, unless you just want to be a myopic nitwit who doesn't comprehend the most rudimentary concepts of law and how it is applied through regulations. You're the one I see 'latching on' to your ignorant and incorrect viewpoint, defiant of any rational explanation to the contrary.
 
You were 100% incorrect, because a regulation is part of the law. It's idiotic beyond reason to argue otherwise, unless you just want to be a myopic nitwit who doesn't comprehend the most rudimentary concepts of law and how it is applied through regulations. You're the one I see 'latching on' to your ignorant and incorrect viewpoint, defiant of any rational explanation to the contrary.

lol...even dixie gets it
 
lol...even dixie gets it

It's just funny as hell how all of a fucking sudden, a regulation is just a suggestion that doesn't have to be followed because it isn't "the law" ....was it that way under Bush, or is this a special circumstance for just Democrat Liberals? Excuse me, I have some greedy capitalist pigs to call... need to inform them not to worry about following those pesky regulations regarding handling nuclear waste and hazardous materials, because it's not really the law, and they don't really have to obey those mere "suggestions!"
 
It's just funny as hell how all of a fucking sudden, a regulation is just a suggestion that doesn't have to be followed because it isn't "the law" ....was it that way under Bush, or is this a special circumstance for just Democrat Liberals? Excuse me, I have some greedy capitalist pigs to call... need to inform them not to worry about following those pesky regulations regarding handling nuclear waste and hazardous materials, because it's not really the law, and they don't really have to obey those mere "suggestions!"

dixie....that is quite funny and quite true :clink:
 
Thank you for the praise Cypress but full and honest disclosure requires me to state that I am not an environmental scientist. I am professionally registered and certified hazardous materials manager (CHMM) and I do have a graduate education in Environmental, Health and Safety Management and an undergraduate degree in human biology, though my area of specialization is in hazardous waste management, which, coincidently, does include managing the waste from oil spills. Thus my familiarity with oil spill regs.

LOLZ
 
Okay, after this post I'm getting off the merry go round.

I didn't go to law school, and I shouldn't be in a position to explain basic concepts of law and public code to you.

Tinfoil claimed he posted a law. I made an offhand comment that it wasn't a law, it was a regulation. I was 100% correct, and it just a minor, unsubstantial part of my entire response. I don't know why you latched onto that insignificant and obscure comment with such tenacity.

Administrative law are the rules that specifically govern public agencies. I think it's also called public law or public code. It deals with how government agencies are internally administered and how they can carry out their functions. It's entirely different than criminal law or civil law, as I understand it. I think administrative code are adopted by a quasi-judicial or quasi-legislative process, in which the legislative power to create administrative laws are vested in quasi-legislative entities like boards or commissions. But, I'm not exactly sure how that works.

Unfortunately, administrative law has nothing to do with this thread, and its baffling why you're even bringing it up.

Regulations are rules that implement laws adopted by the legislature, and that pertain to the regulation of private industry, interstate commerce, or to private citizens. Since the regulations that tinfoil posted pertain to USEPA and how they conduct oversight and coordination with respect to private entities, like dischargers, polluters, and with other state, local, and national entities, it's not an administrative law.

I would have thought the title "Code of Federal Regulations" on the link would make that crystal clear. But, I guess not.

You know how I know you're an idiot?
 
You were 100% incorrect, because a regulation is part of the law. It's idiotic beyond reason to argue otherwise, unless you just want to be a myopic nitwit who doesn't comprehend the most rudimentary concepts of law and how it is applied through regulations. You're the one I see 'latching on' to your ignorant and incorrect viewpoint, defiant of any rational explanation to the contrary.

Cypress wrote:

...... Regulations are rules that implement laws adopted by the legislature, and that pertain to the regulation of private industry, interstate commerce, or to private citizens. Since the regulations that tinfoil posted pertain to USEPA and how they conduct oversight and coordination with respect to private entities, like dischargers, polluters, and with other state, local, and national entities, it's not an administrative law.

I would have thought the title "Code of Federal Regulations" on the link would make that crystal clear. But, I guess not.


Obviously, it is YOU who has trouble comprehending what you are reading here.
 
Cypress wrote:

...... Regulations are rules that implement laws adopted by the legislature, and that pertain to the regulation of private industry, interstate commerce, or to private citizens. Since the regulations that tinfoil posted pertain to USEPA and how they conduct oversight and coordination with respect to private entities, like dischargers, polluters, and with other state, local, and national entities, it's not an administrative law.

I would have thought the title "Code of Federal Regulations" on the link would make that crystal clear. But, I guess not.


Obviously, it is YOU who has trouble comprehending what you are reading here.

No, I have no problem understanding a damn thing. Prissy posted a cut-n-paste definition of "regulation" which pretty much clarified what Yurt and myself said, and continued to act as though he made his point. A regulation is part of the law, the same way as the lines down the center of the highway are part of the road. Now you can act like a moron and argue the lines are not the road, but the lines are part of the road, there would be no lines without the road, just as there would be no regulations without the law. It's just an ignorant and silly argument, which unsurprisingly comes from an ignorant and silly poster.
 
Cypress wrote:

...... Regulations are rules that implement laws adopted by the legislature, and that pertain to the regulation of private industry, interstate commerce, or to private citizens. Since the regulations that tinfoil posted pertain to USEPA and how they conduct oversight and coordination with respect to private entities, like dischargers, polluters, and with other state, local, and national entities, it's not an administrative law.

I would have thought the title "Code of Federal Regulations" on the link would make that crystal clear. But, I guess not.


Obviously, it is YOU who has trouble comprehending what you are reading here.


Jesus. I almost feel stupider reading the rightwing foot stomping on the thread.

I have this problem all the time with most rightwingers and psychos. I can only assume our merry band of wingnuts “imagined” what I meant or said; either that or their whole ideology of conservatism is defined simply by being in opposition to whatever a liberal says.

Our knuckledragging compadres apparently “imagined” that I said regulations don’t have the force of law behind them, and as such are not legally binding in and of themselves.

Dixie won’t find a single quote from me saying that. He just imagined I said it. I am fully knowledgeable and equipped to school Dixie on rule-making and regulation-making process. If I want to know about lawn mower repair, or forklift driving, I’ll be sure to ask Tinfoil or Dixie.

As an unsubstantial and inconsequential part of my original response, I correctly pointed out that the link was to a regulation….not to a “law”, as was asserted by the lawn mover repairman. Fascinating that our uninformed and irate wingnut friends latched onto that little factoid with such tenacity and rage.

Everything else I said pertaining to regulations, are the exact same things that the University of Cornell, the State Government of California say about regulations versus laws.

School is over, wingnuts.


Cypress, Yesterday:

That’s not a law you posted, that’s a regulation.

Laws, by definition, are passed by legislatures. Regulations are rules adopted by executive agencies to implement laws.

Congress persons and state legislators can't possibly presume to be experts on the technical aspects of food safety, or air traffic control. The statutes they pass, are implemented with regulations developed by executive agency experts and experts from the general public, to implement broad statutory authorities granted to them.

State Government of California

* Laws are created by statutes that originate from legislative bills originally introduced by either the Senate or the Assembly.

* Regulations are standards (see the Rulemaking Process below) adopted as rules by the Physical Therapy Board of California to implement, interpret, or make specific the law

Cornell University

presentation2k.jpg
 
LOL so yes, the regulations I posted are the end result of the LAW.

They are, as Dixie put it, the lines on the road.

You dudes are morons, man, seriously. You think yopu've made some point. What is your point? That the EPA is not required to have a contigency plan or that the requirement is not the law, it's part of the law?

Seriously, dumbass, your argument could not be more stupid.

Way to show me who's boss!

LOL
 
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