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Fire And Spotted Owls In Sierra Nevada National Forests: The Use Of Science In Management Plan Revision, Gordon Steinhoff
Fire And Spotted Owls In Sierra Nevada National Forests: The Use Of Science In Management Plan Revision, Gordon Steinhoff
William & Mary Environmental Law and Policy Review
No abstract provided.
Chevron Deference Conflicts With The Administrative Procedure Act, Richard O. Faulk
Chevron Deference Conflicts With The Administrative Procedure Act, Richard O. Faulk
Richard Faulk
Although Chevron’s reasoning stresses the expertise of agencies as a basis for deference, the APA plainly delegates final interpretive authority to the courts. Since there is no statutory basis for superseding or diminishing the judicial role in the interpretive process, there is no justification for using deferential review to bypass the judiciary’s primary responsibility. It is time—indeed past time—for the Supreme Court to exercise its singular constitutional authority to declare “what the law is”—and to curb the increasingly intrusive and overreaching authority seized by the Executive Branch. The American people, from whom all authority is derived, are entitled to be …
The "Forest Roads" Case: A Stormy Approach To Judicial Review Of Environmental Regulations, Marie Kyle
The "Forest Roads" Case: A Stormy Approach To Judicial Review Of Environmental Regulations, Marie Kyle
Marie Kyle
No abstract provided.
Wilderness, The Courts And The Effect Of Politics On Judicial Decisionmaking, Peter A. Appel
Wilderness, The Courts And The Effect Of Politics On Judicial Decisionmaking, Peter A. Appel
Scholarly Works
Empirical analyses of cases from federal courts have attempted to determine the effect of judges’ political ideology on their decisions. This question holds interest for scholars from many disciplines. Investigating judicial review of the actions of administrative agencies should provide strong evidence on the question of political influence because applicable rules of judicial deference to administrative decisions ought to lead judges to reach politically neutral results. Yet several studies have found a strong correlation between results in these cases and proxies for political ideology. Cases involving the interpretation of environmental law have been of particular interest as a subset of …
Polluting Environment, Polluted Constitution: Is A 'Polluted' Constitution Worse Than A Polluted Environment?, Shubhankar Dam (Co-Author)
Polluting Environment, Polluted Constitution: Is A 'Polluted' Constitution Worse Than A Polluted Environment?, Shubhankar Dam (Co-Author)
Shubhankar Dam
The Indian Supreme Court has been praised as one of the most socially active courts in the world, especially so in the environmental field. Yet it is arguable that many of the benefits claimed for judicial involvement are far from real. Three phases of activism are identified. In the 1970s, the Court developed the concept of environmental rights based on ensuring that the directive principles of state policy and the fundamental right to life contained the Constitution worked in mutual support. This was followed by a period when the Court extended liability principles. The most recent and most controversial phase …
Green Laws For Better Health: The Past That Was And The Future That Maybe - Reflections From The Indian Experience, Shubhankar Dam
Green Laws For Better Health: The Past That Was And The Future That Maybe - Reflections From The Indian Experience, Shubhankar Dam
Shubhankar Dam
No abstract provided.
Environmental Law - Judicial Review Under Nepa, Kenneth A. Jacobsen
Environmental Law - Judicial Review Under Nepa, Kenneth A. Jacobsen
Villanova Law Review
No abstract provided.
Federal Statutes And Regulation, Madeline H. Lamb
Federal Statutes And Regulation, Madeline H. Lamb
Villanova Law Review
No abstract provided.
Problems In Attempting To Translate Statuory Standards Into Emission Limitations Under Air And Water Pollution Control Legislation, Jonathan L. F. Silver
Problems In Attempting To Translate Statuory Standards Into Emission Limitations Under Air And Water Pollution Control Legislation, Jonathan L. F. Silver
Villanova Law Review
No abstract provided.