agency discretion

200 Days & Counting: Enforcing Environmental Laws

Don’t expect the Administration to take the lead in enforcement. Others will need to step up.

As the Bush Administration learned, it can be difficult to pass new legislation or enact new regulations. But another way of gutting environmental rules is much easier: just stop enforcing them. An agency’s enforcement decisions receive essentially no judicial review and precious little publicity. Cuts in enforcement budgets receive even less public notice and are …

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FDA Discretion and Animal Antibiotics

FDA has stalled for 30 years in regulating antibiotics in animal feed. A court says that’s O.K.

The FDA seems to be convinced that current use of antibiotics in animal feed is a threat to human health. But the Second Circuit ruled recently in NRDC v. FDA that EPA has no duty to consider banning their use.  That may seem ridiculous, but actually it’s a very close case legally.  The court’s discussion of Massachusetts …

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