administrative law
Update on Mountaintop Removal: Gov. Manchin Sues EPA
West Virginia Governor Joe Manchin announced Tuesday that West Virginia is filing suit to, as the Governor put it, stop EPA’s “attempts to destroy the coal-mining industry and our way of life.” The Charleston Gazette has a good summary of the suit. The suit seeks to invalidate EPA’s recent review of Clean Water Act permits …
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CONTINUE READING(Vermont) Yankee Go Home!
You may recall the Supreme Court’s decision in the Vermont Yankee case. It was a major administrartive law decision. Prior to Vermont Yankee, the D.C. Circuit and some other courts had been experimenting with an approach to judicial review which focused on helping to improve agency procedures, rather than reviewing the substance of the agency’s …
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CONTINUE READINGClimate Change versus the Benzene Case
The Benzene Case — more properly, Industrial Union Dept. v. American Petroleum Inst. — is almost thirty years old, but is still the Supreme Court’s most important statement on risk regulation. After considering mountains of evidence, OSHA issued a rule restricting benzene in the workplace. Benzene was known to be a carcinogen; the evidence was …
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CONTINUE READINGHerein of Regulatory “Czars”
Some conservatives like Glenn Beck are now raising alarms about the power of “czars” within the Obama White House. Although the rhetoric is ridiculous, there is a serious question here. A long-term trend has been for Presidents to exert more centralized control over the bureaucracy, and as a practical matter that control has to be …
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CONTINUE READINGNew and Noteworthy from the Ecology Law Quarterly
The latest issue of ELQ — full content available free here — is centered on two broad themes: 1) learning from other states, countries and international experiences and 2) the failures of administrative law as an environmental management tool. The issue includes the following articles: * The Transformation of Modern Administrative Law: Changing Administrations and …
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CONTINUE READINGRuling by Justice Scalia Makes it Easier to Repeal Bush-Era Rules
Ironically, an opinion by Justice Scalia will indirectly help the Obama Administration repeal Bush-era environmental rules.
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