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Full-Text Articles in Law
Letting Go Of Stability: Resilience And Environmental Law, Robert L. Fischman
Letting Go Of Stability: Resilience And Environmental Law, Robert L. Fischman
Indiana Law Journal
Historic variation in the environment once served as a reliable guide to future behavior. Sustainability promised continuity of ecological and social structures and functions within the known envelope of historic variation. Now climate change and other environmental stressors are tipping systems into behaviors that no longer remain within the confines of precedent. Social-ecological systems are neither persistent nor predicable. Letting go of stability releases us from untenable expectations of steady maintenance of some natural order. Resistance to change will continue to play a role as environmental law suppresses disruptions and buys time. But resistance will eventually yield the stage to …
Should Chevron Have Two Steps?, Richard M. Re
Should Chevron Have Two Steps?, Richard M. Re
Indiana Law Journal
Prominent judges and scholars have criticized the familiar Chevron deference scheme on the ground that its two steps are redundant. But each step of traditional two-step Chevron actually does unique interpretive work. In short, step one asks whether agency interpretations are mandatory, whereas step two asks whether they are reasonable. Other judges and scholars defend two-step Chevron on the ground that the second step should be equated with arbitrary-and-capricious review. But that approach makes Chevron partially redundant with the Administrative Procedure Act and compresses the distinct mandatoriness and reasonableness questions into an artificially singular first step. This Article identifies a …
Beyond The Usual Suspects: The Use Of Citizens Advisory Boards In Environmental Decisionmaking, John S. Applegate
Beyond The Usual Suspects: The Use Of Citizens Advisory Boards In Environmental Decisionmaking, John S. Applegate
Indiana Law Journal
No abstract provided.
The Citizen And The Environmental Regulatory Process, William D. Ruckelshaus
The Citizen And The Environmental Regulatory Process, William D. Ruckelshaus
Indiana Law Journal
Symposium: Administrative Law and the Environment: National Fuels Policy
Administrative Agencies And The Energy Problem (Symposium Introduction), Ralph F. Fuchs
Administrative Agencies And The Energy Problem (Symposium Introduction), Ralph F. Fuchs
Indiana Law Journal
Administrative Law and the Environment: National Fuels Policy, Symposium