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Protecting The Environment For Future Generations: A Proposal For A Republican Superagency, Bradford Mank Jan 1996

Protecting The Environment For Future Generations: A Proposal For A Republican Superagency, Bradford Mank

Faculty Articles and Other Publications

Part I of this Article introduces the principle that the present generation owes duties to future generations. Part II argues that current environmental laws fail future generations. Part III argues that neither Congress nor the executive branch can protect future generations from environmental harms due to short-term political pressures. Part IV evaluates the current capabilities of agencies to plan for long-term environmental problems. Part V evaluates whether agencies may be capable of better long-term planning by creating a dialogue with the public. Part VI proposes a Superagency to protect the environmental interests of future generations. The Superagency would be independent …


Is A Textualist Approach To Statutory Interpretation Pro-Environmentalist?: Why Pragmatic Agency Decisionmaking Is Better Than Judicial Literalism, Bradford Mank Jan 1996

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.