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Interpretative rules don't change the existence of the law. There is the interpretation by the agency of what the law already requires. Interpretations of the law can affect each of us.

In 1977, Congress amended the Clean Air Act in an attempt to reduce pollution from factories. The act required the EPA to impose emission standards on "stationary sources" of pollution. What did the "statutory source" mean? It was the EPAs job to define that term. The EPA's definition would determine the quality of air entering our lungs every time we breathe. Environmentalists wanted the term defined to include every smokestack in a factory so that the EPA could regulate each one. The EPA developed the "bubble concept" ruling that "statutory source" meant an entire factory, but not the individual smokestacks. As a result, polluters could shift emission among smokestacks in a single factory to avoid EPA regulation. Environmentalists howled that this gutted the purpose of the statute, but to no avail. The agency had spoken merely by interpreting a statute. - Beatty, Samuelson, Sanchez Abril

Review the video on Positive Laws and Statutory Interpretation. Positive laws are an important source of law on both the federal and state level. In addition to positive laws, the video will also discuss the tools for statutory interpretation.

Upon reviewing the video, please take notes and be prepared to answer the following questions in a course assignment due Sunday, October 22, 2023, at 11:59 pm. Please use the video only and no other source to answer the study questions.

Video Study Questions: Video Length: 4:55 minutes

What is positive law? Explain.
What is primary law? Explain
Who was Hugo Grotius?
What happens if there is a conflict between federal and state laws?