Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Administrative law (2)
- Agencies (1)
- Agency (1)
- Agency independence (1)
- Amendments (1)
-
- Army Corps of Engineers (1)
- Banking (1)
- Banks (1)
- Civil monetary penalty (1)
- Clean Water Act (1)
- Conchran v (1)
- Congress (1)
- Constitutional law (1)
- EPA (1)
- Environmental Protection Agency (1)
- Federal Reserve Board (1)
- Finality (1)
- Game theory (1)
- Interstate Agreements (1)
- Judicial review (1)
- Judiciary (1)
- Partisanship (1)
- Penalties (1)
- Political science (1)
- Politics (1)
- SEC (1)
- Sackett (1)
- Sanctions (1)
- Supreme court (1)
- Waters of the United States Rule (1)
- Publication Type
Articles 1 - 5 of 5
Full-Text Articles in Law
Environmental And Natural Resources Law Symposium: Assessing The August 2023 Amendments To The Waters Of The United States Rule In The Wake Of Sackett V. Epa, Ryan Day
Maurer Law Events
In 1982, the Army Corps of Engineers adopted the EPA definition of “waters of the United States.” This brought an end to a smoldering interagency conflict over the definitions under the Clean Water Act. This relationship was formalized with a 1989 Memorandum of Agreement between the EPA and the Corps; the Corps has largely ceded definitional decision making to the EPA, which develops guidance and supporting materials, while the Corps is responsible for most case-specific jurisdictional determinations under Section 404 of the Clean Water Act. In 2023, the agencies embarked on their latest round of rulemaking. In January, the Biden …
Committing To Agency Independence, Nicholas Almendares
Committing To Agency Independence, Nicholas Almendares
Articles by Maurer Faculty
One of the enduring challenges in politics is that there is little in the way of binding commitments. It is not as if the president and the Speaker of the House can write an effective contract and it is hard to imagine any court ever enforcing it. A commitment by a political actor is therefore only as good as it is credible—that is, if it is in the interests of the actor to keep it, possibly due to mechanisms put in place to induce just those commitments. All this makes analytical tools like game theory well-suited to understanding politics, especially …
Just-Right Government: Interstate Compacts And Multistate Governance In An Era Of Political Polarization, Policy Paralysis, And Bad-Faith Partisanship, Jon Michaels, Emme M. Tyler
Just-Right Government: Interstate Compacts And Multistate Governance In An Era Of Political Polarization, Policy Paralysis, And Bad-Faith Partisanship, Jon Michaels, Emme M. Tyler
Indiana Law Journal
Those committed to addressing the political, economic, and moral crises of the day— voting rights, racial justice, reproductive autonomy, gaping inequality, LGBTQ rights, and public health and safety—don’t know where to turn. Federal legislative and regulatory pathways are choked off by senators quick to filibuster and by judges eager to strike down agency rules and orders. State pathways, in turn, are compromised by limited capacity, collective action problems, externalities, scant economies of scale, and—in many jurisdictions—a toxic political culture hostile to even the most anodyne government interventions. Recognizing the limited options available on a binary (that is, federal or state) …
Situating Structural Challenges To Agency Authority Within The Framework Of The Finality Principle, Harold J. Krent
Situating Structural Challenges To Agency Authority Within The Framework Of The Finality Principle, Harold J. Krent
Indiana Law Journal
No abstract provided.
The Federal Reserve As Agent To Another Principal: Monetary Penalties 1997-2022, David Zaring
The Federal Reserve As Agent To Another Principal: Monetary Penalties 1997-2022, David Zaring
Indiana Law Journal
Enforcement is how agencies make policy, but the Federal Reserve Board, perhaps the country’s most important independent agency, and certainly its most important regulator of banks, does most of its enforcement in secret. This secrecy means that it is difficult for outside observers to see what the Fed is prioritizing. One exception to the secret sanction paradigm is the civil monetary penalty: once the Fed decides to fine a bank or a banker, no matter how small the amount, it must publicize the fine and the basis for it. We read twenty-five years’ worth of civil monetary penalty orders to …