Flashcards Studio

An agency named the Coastal Environmental Management Authority (CEMA) issues Administrative Regulation CEMA-AR-2026-12, “Standards for Coastal Habitat Preservation and Development.” The regulation requires: (i) mandatory real-time water-quality monitoring at all new coastal construction sites; (ii) monthly reporting of monitoring data to CEMA; (iii) data retention for six years; (iv) penalties for noncompliance; (v) prohibition of construction within 200 meters of mangrove stands. Publication of CEMA-AR-2026-12 appeared only on CEMA’s website and in a department newsletter, not in the Official Gazette or in a newspaper of general circulation. No public hearing or notice was given before adoption. The enabling statute authorizes CEMA to “prescribe rules and regulations for the protection of coastal environments” but is silent on publication and hearing requirements. A coastal developer challenges the regulation on two grounds: (a) ultra vires for exceeding the statute; (b) invalid for lack of proper publication and due process. (a) Identify the requisites for validity of quasi-legislative rules. (b) Apply these requisites to CEMA-AR-2026-12 and decide whether it is valid; explain which requisites are met or lacking and why. (c) If invalid, describe the remedy and whether severability may save any portions.