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AllBar 2024POLITICAL AND PUBLIC INTERNATIONAL LAWIX. ADMINISTRATIVE LAWD. Primary Administrative Jurisdiction

Question

IX. ADMINISTRATIVE LAW

Topic: D. Primary Administrative Jurisdiction

Anne, a concerned citizen, filed a complaint with the Environmental Management Bureau (EMB) regarding the illegal dumping of hazardous waste by a manufacturing company operating in her community. The EMB conducted an investigation and found substantial evidence supporting Anne's complaint. The EMB issued a notice of violation and ordered the manufacturing company to immediately cease its illegal activities and clean up the contaminated site.

However, the manufacturing company refused to comply with the EMB's order, arguing that the EMB lacked primary administrative jurisdiction over the matter. The company claimed that the Department of Environment and Natural Resources (DENR) should have primary jurisdiction to enforce environmental regulations, and that only the DENR has the authority to issue such orders.

Based on the given scenario, answer the following question:

  1. Does the EMB have primary administrative jurisdiction over the matter concerning the illegal dumping of hazardous waste by the manufacturing company? Discuss.



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Bar Review Question: IX. ADMINISTRATIVE LAW Topic: D. Primary Administrative Jurisdiction Anne, a concerned citizen, fi