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Full-Text Articles in Law
Law, Policy, And The Clean Water Act: The Courts, The Bush Administration, And The Statute's Uncertain Reach, Michael P. Healy
Law, Policy, And The Clean Water Act: The Courts, The Bush Administration, And The Statute's Uncertain Reach, Michael P. Healy
Law Faculty Scholarly Articles
The development of the jurisdictional reach of the Clean Water Act ("CWA") reflects a hybrid of the judicial determination of the clear legal requirements of the CWA and the exercise of discretionary agency policymaking in the form of legal requirements that are binding on both agency and regulated party. This distinction in the content of administrative law was not altogether clear prior to the Supreme Court's 1984 decision in Chevron U.S.A. v. Natural Resources Defense Council. Today, the distinction is fundamental to administrative law and important to assessing the evolution of the scope of CWA jurisdictional waters because the …
Chevron Deference And Agency Self-Interest, Timothy K. Armstrong
Chevron Deference And Agency Self-Interest, Timothy K. Armstrong
Faculty Articles and Other Publications
Judicial review of a federal administrative agency's statutory or regulatory interpretation ordinarily proceeds under the highly deferential framework announced in the landmark case of Chevron U.S.A., Inc. v. Natural Resources Defense Council, 467 U.S. 837 (1984). Withholding an independent judicial interpretation of a statute or regulation in deference to an agency's views, however, poses unique problems when the agency has a self-interested stake in its interpretation - as, for example, when the agency's interpretation affects its regulatory jurisdiction or yields a financial benefit to the agency. A review of several cases in which courts have deferred, or refused to defer, …
Second Annual Henry Lecture: Judicial Discretion In Statutory Interpretation, Frank H. Easterbrook
Second Annual Henry Lecture: Judicial Discretion In Statutory Interpretation, Frank H. Easterbrook
Oklahoma Law Review
No abstract provided.
Reply To Judge Easterbrook: The Unsupported Delegation Of Conflict Adjudication In Erisa Benefit Claims Under The Guise Of Judicial Deference, Donald T. Bogan
Reply To Judge Easterbrook: The Unsupported Delegation Of Conflict Adjudication In Erisa Benefit Claims Under The Guise Of Judicial Deference, Donald T. Bogan
Oklahoma Law Review
No abstract provided.