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Full-Text Articles in Law
Goldilocks Deference, Daniel H. Cole, Elizabeth Baldwin, Katie Meehan
Goldilocks Deference, Daniel H. Cole, Elizabeth Baldwin, Katie Meehan
Articles by Maurer Faculty
Over the years, courts reviewing rules and decisions of federal administrative agencies have given those agencies greater or narrower latitude in interpreting enabling legislation, ranging from the “hard look” doctrine to various levels of deference under case names such as Chevron, Auer, and Skidmore. This article examines a distinct type of judicial deference that might arise only in a special subset of cases where an agency is sued by two different interested parties arguing diametrically opposed positions. For example, the EPA may be sued on a major, substantive rule by the regulated industry arguing that the rule …
Bridging The Data Gap: Balancing The Supply And Demand For Chemical Information, John S. Applegate
Bridging The Data Gap: Balancing The Supply And Demand For Chemical Information, John S. Applegate
Articles by Maurer Faculty
No abstract provided.
Synthesizing Tsca And Reach: Practical Principles For Chemical Regulation Reform, John S. Applegate
Synthesizing Tsca And Reach: Practical Principles For Chemical Regulation Reform, John S. Applegate
Articles by Maurer Faculty
The European Union's newly enacted comprehensive regulation for industrial chemicals, known as REACH, draws heavily on three decades of experience in the United States under the Toxic Substances Control Act. Much of that experience has been negative, inasmuch as TSCA is widely regarded as a disappointment among US environmental laws, and so REACH deliberately reverses many of the legislative choices that Congress made in TSCA. REACH also takes advantage of important new regulatory concepts that were not available to the framers of TSCA thirty years ago. The passage of REACH has sparked renewed interest in reforming TSCA, and the reformers …
Risk Assessment, Redevelopment, And Environmental Justice: Evaluating The Brownfields Bargain, John S. Applegate
Risk Assessment, Redevelopment, And Environmental Justice: Evaluating The Brownfields Bargain, John S. Applegate
Articles by Maurer Faculty
No abstract provided.
Comparative Risk Assessment And Environmental Priorities Projects: A Forum, Not A Formula, John S. Applegate
Comparative Risk Assessment And Environmental Priorities Projects: A Forum, Not A Formula, John S. Applegate
Articles by Maurer Faculty
No abstract provided.
Worst Things First: Risk, Information, And Regulatory Structure In Toxic Substances Control, John S. Applegate
Worst Things First: Risk, Information, And Regulatory Structure In Toxic Substances Control, John S. Applegate
Articles by Maurer Faculty
Scientific uncertainty is the characteristic problem of toxic substances control, and regulators lack the resources to resolve or significantly reduce uncertainty across all of the risks they must address. For this reason, the Environmental Protection Agency (EPA) has become intensely interested in setting priorities among its responsibilities. EPA lacks, however, a coherent framework within which to implement its findings. In this Article, Professor Applegate proposes that the current regulatory regime for toxic substances be restructured to emphasize thoughtful priority setting rather than unrealistic risk standards and deadlines. In his view, Congress should provide broad parameters for agency action in particular …
Land Use Choice: National Prerogative Vs. International Policy, A. Dan Tarlock
Land Use Choice: National Prerogative Vs. International Policy, A. Dan Tarlock
Articles by Maurer Faculty
No abstract provided.