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Full-Text Articles in Law
Can Administrative Regulations Interpret Rights Enforceable Under Section 1983?: Why Chevron Deference Survives Sandoval And Gonzaga, Bradford Mank
Can Administrative Regulations Interpret Rights Enforceable Under Section 1983?: Why Chevron Deference Survives Sandoval And Gonzaga, Bradford Mank
Faculty Articles and Other Publications
There is a split in the circuits regarding whether and when agency regulations may establish rights enforceable through 42 U.S.C. Section 1983. In 1987, in Wright v. City of Roanoke, the Supreme Court held that a statute and regulations interpreting the statute could create enforceable rights under Section 1983, but left unclear to what extent it had relied on the regulations alone to reach this conclusion. The District of Columbia Circuit and Sixth Circuit have held that at least some valid federal regulations may create rights enforceable through Section 1983. Concluding that only Congress by enacting a statute may create …
American Mining Congress V. Army Corps Of Engineers: Ignoring Chevron And The Clean Water Act's Broad Purpose, Bradford Mank
American Mining Congress V. Army Corps Of Engineers: Ignoring Chevron And The Clean Water Act's Broad Purpose, Bradford Mank
Faculty Articles and Other Publications
Part I of this article will provide a brief introduction to section 404 of the Clean Water Act. Part II will examine the Tulloch rule. Part III will examine the district court's opinion. Finally, part IV will demonstrate that section 404(a) is ambiguous regarding whether incidental fallback from dredging may in some circumstances constitute disposal under the statute and, accordingly, that under the Chevron doctrine the district court erred in failing to defer to the agencies' Tulloch rule.
Is A Textualist Approach To Statutory Interpretation Pro-Environmentalist?: Why Pragmatic Agency Decisionmaking Is Better Than Judicial Literalism, Bradford Mank
Faculty Articles and Other Publications
This Article provides both anecdotal evidence and a more theoretical argument for why textualist statutory interpretation is not the best approach to address environmental. issues.