Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
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 …
Reactions To Epa's Interim Guidance: The Growing Battle For Control Over Environmental Justice Decisionmaking, June M. Lyle
Reactions To Epa's Interim Guidance: The Growing Battle For Control Over Environmental Justice Decisionmaking, June M. Lyle
Indiana Law Journal
No abstract provided.
In Pursuit Of Nepa's Promise: The Role Of Executive Oversight In The Implementation Of The Environmental Policy, William L. Andreen
In Pursuit Of Nepa's Promise: The Role Of Executive Oversight In The Implementation Of The Environmental Policy, William L. Andreen
Indiana Law Journal
No abstract provided.