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Full-Text Articles in Law
The Environmental Citizen: Participant And Problem, Monika U. Ehrman
The Environmental Citizen: Participant And Problem, Monika U. Ehrman
Faculty Journal Articles and Book Chapters
Citizen participation is a cornerstone of modern American environmental governance. Public participation in decision-making, monitoring, and enforcement increases regulatory transparency, community engagement, and ensures policymakers are informed at the local level. To William D. Ruckelshaus, the first (and fifth) Administrator of the U.S. Environmental Protection Agency (EPA), there was no role as powerful or indispensable. In his inspiring essay, The Citizen and the Environmental Regulatory Process, Ruckelshaus championed the role of the participant citizen, whose involvement in multifaceted environmental decision-making provided legitimacy to regulatory proceedings. Throughout his storied career, Ruckelshaus returned to this core ideology that public participation in …
Policymaking By Proposal: How Agencies Are Transforming Industry Investment Long Before Rules Can Be Tested In Court, James W. Coleman
Policymaking By Proposal: How Agencies Are Transforming Industry Investment Long Before Rules Can Be Tested In Court, James W. Coleman
Faculty Journal Articles and Book Chapters
The conventional wisdom is that an executive agency’s scope of action and power depends on how easy it is to reverse agency decisions in court. If non-deferential judges provide industry with prompt review of agency decisions, the agency’s power is limited. And if courts are unlikely to second-guess the agency’s interpretations, then private actors have little choice but to comply. But in recent years, agencies have begun to rely on a new weapon in this struggle with courts and industry — the power of proposed rules to achieve regulatory outcomes. When regulations will affect long-term capital investments, companies must set …