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1) Suppose the federal legislature enacts the new Water and the Environment Act, which permits the Environmental Protection Agency (EPA), a federal administrative agency, to

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1) Suppose the federal legislature enacts the new Water and the Environment Act, which permits the Environmental Protection Agency (EPA), a federal administrative agency, to regulate what are called "waters in all states." The EPA is tasked with promulgating an EPA federal agency rule that defines the phrase, "waters in all states". a. What must the EPA do before it can finalize its definition as enforceable law? b. If the agency determines that "waters in all states includes any water source within 1250 yards of genuinely navigable waters, and a farmer fails to follow the new rule and get the required EPA permits for his land, what action can the EPA take? c. What can happen to the farmer if he or she fails to follow the new rule? What can the farmer do to challenge the EPA's enforcement of the rule? d. Can the farmer immediately challenge the EPA in a judicial court? Why or why not? 1) Suppose the federal legislature enacts the new Water and the Environment Act, which permits the Environmental Protection Agency (EPA), a federal administrative agency, to regulate what are called "waters in all states." The EPA is tasked with promulgating an EPA federal agency rule that defines the phrase, "waters in all states". a. What must the EPA do before it can finalize its definition as enforceable law? b. If the agency determines that "waters in all states includes any water source within 1250 yards of genuinely navigable waters, and a farmer fails to follow the new rule and get the required EPA permits for his land, what action can the EPA take? c. What can happen to the farmer if he or she fails to follow the new rule? What can the farmer do to challenge the EPA's enforcement of the rule? d. Can the farmer immediately challenge the EPA in a judicial court? Why or why not

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