Delegation

Delegation in United States

Delegation Definition

In Civil Law. A kind of novation by which the original debtor, in order to be liberated from his creditor, gives him a third person, who becomes obliged in his stead to the creditor or to the person appointed by him. See “Novation.” Perfect delegation exists when the debtor who makes the delegation is discharged by the creditor. Imperfect delegation exists when the creditor retains his rights against the original debtor. 2 Duv. note 169. At Common Law. The transfer of authority from one or more persons to one or more others. All persons, swi juris, may delegate to another authority to act for them in a matter which is lawful and otherwise capable of being delegated. Comyn, Dig. “Attorney,” c. 1; 9 Coke, 75b; Story, Ag. § 6. In Legislation. The whole number of the persons who represent a district, a state, and the like in a deliberative assembly; as, the delegation from Ohio, the delegation from the city of Philadelphia.

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Legal Issue for Attorneys

In Civil Law. A kind of novation by which the original debtor, in order to be liberated from his creditor, gives him a third person, who becomes obliged in his stead to the creditor or to the person appointed by him. See “Novation.” Perfect delegation exists when the debtor who makes the delegation is discharged by the creditor. Imperfect delegation exists when the creditor retains his rights against the original debtor. 2 Duv. note 169. At Common Law. The transfer of authority from one or more persons to one or more others. All persons, swi juris, may delegate to another authority to act for them in a matter which is lawful and otherwise capable of being delegated. Comyn, Dig. “Attorney,” c. 1; 9 Coke, 75b; Story, Ag. § 6. In Legislation. The whole number of the persons who represent a district, a state, and the like in a deliberative assembly; as, the delegation from Ohio, the delegation from the city of Philadelphia.

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This definition of Delegation Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Delegation in Environmental Law

The process through which power to act or regulate is given to another person or agency by the one authorized to act. For example, Congress enacts statutes that state its general objectives, then delegates the authority to fill in the details of the statute through regulations to an agency like the Environmental Protection Agency (EPA). Delegation is common in environmental law. When the EPA was first created and environmental statutes became common, the EPA was responsible for most actions required by the laws. Some authority was given to states, but the country was facing what many believed to be a crisis, so enforcement authority centered in the federal government. During the Ronald Reagan administration, however, emphasis shifted to decentralization and paring down government programs.

The Clean Air Act was the first major environmental law to create a system for delegation of programs. The Clean Water Act followed, and now others are being delegated as well. If authority is to be delegated to the states, a statute will specify the requirements the state must meet before the EPA will relinquish its control. The process is similar for all environmental laws. First, the state must request the delegation. To qualify, it must have an agency and sufficient employees to enforce the provisions of the law, and state law must authorize the agency to act and to assess penalties. Next, the agency must promulgate rules that are at least as stringent as the federal rules. The state’s program is then reviewed by the EPA. If the state has satisfied all requirements, the EPA will delegate the program.

Delegation doesn’t always stop at the state level. Often states choose to allow county and local agencies to handle some of their responsibilities. For example, an air quality district may deal with all of the permitting and programs that protect air quality within its region.

Once a delegation is made, the delegating agency retains power to oversee the recipient agency. Furthermore, the delegator may step in and enforce the law if the other agency does not. The EPA, for example, can check state records, review permit applications submitted to the state, demand changes to the state program, take the state’s authority away, or sue a violator within the state.
Based on “Environment and the Law. A Dictionary”.

Delegation

Leading Case Law

Among the main judicial decisions on this topic:

A.L.A. Schechter Poultry v. United States

Information about this important court opinion is available in this American legal Encyclopedia.

National Cable Television Assoc, v. United States

Information about this important court opinion is available in this American legal Encyclopedia.

Whitman v. American Trucking Assn.

Information about this important court opinion is available in this American legal Encyclopedia.

INS v. Chadha

Information about this important court opinion is available in this American legal Encyclopedia.

References

See Also

  • Administrative Law
  • Delegation

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