Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Administrative Law; Chevron Deference; West Virginia v. Environmental Protection Agency; Administrative State; Climate Change; Climate Policy; Environmental Protection Agency; Clean Air Act; Congressional Intent; Congressional Authority; Major Questions Doctrine; Chevron USA (1)
- Inc. v. Natural Resources Defense Council; Regulation; Rulemaking; ACE Rule; Biden v. Nebraska; Congressional Nullification (1)
- Jim Crow; Zoning; Segregation; White Supremacism; Environmental Justice; Substantive Due Process; Equal Protection; Racial Justice; Critical Legal Geography; Critical Race Theory (1)
- Publication
Articles 1 - 2 of 2
Full-Text Articles in Entire DC Network
Climate Change And The Death Of The Administrative State?: West Virginia V. Environmental Protection Agency, Davis P. Rosser
Climate Change And The Death Of The Administrative State?: West Virginia V. Environmental Protection Agency, Davis P. Rosser
Journal of Law and Policy
In recent decades, climate change events have surged in both frequency and intensity. Paradoxically, the most vulnerable and economically disadvantaged states, despite contributing the least to global emissions, face the gravest consequences. Developed nations, despite their wealth of resources, have consistently failed to act in the face of this crisis. For example, the recent United States Supreme Court Decision, West Virginia v. Environmental Protection Agency, limited the administrative state’s rulemaking authority and thus, its ability to enact necessary climate policy. This decision, based in the infamous “major questions doctrine,” asserts that administrative agencies must have explicit authority from Congress when …
The White Supremacist Structure Ofamerican Zoning Law, Sarah J. Adams-Schoen
The White Supremacist Structure Ofamerican Zoning Law, Sarah J. Adams-Schoen
Brooklyn Law Review
This article disrupts the false narrative of white supremacism that has, for more than a century, cast American land use law as race neutral. In doing so, this article builds on an important but underdeveloped body of legal scholarship elucidating zoning law’s role in creating and perpetuating a separate and unequal dual housing system. It provides primary historical evidence and a clear narrative demonstrating that the defining feature of American zoning law—a strict residential use taxonomy that privileges neighborhoods of restrictively regulated single-family homes and burdens less restrictively regulated residential areas—emerged directly from the facially race-based and facially neutral, but …