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Statutory Interpretation In The Era Of Oira, Lisa Heinzerling
Statutory Interpretation In The Era Of Oira, Lisa Heinzerling
Georgetown Law Faculty Publications and Other Works
In recent years, the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget (OMB) has asserted a remarkable degree of authority over administrative agencies' rulemaking processes. One of the ways in which OIRA has exercised power over agencies has been to foist upon them its own views about the requirements of the statutes under which they operate. The most notable trend in this area has been OIRA's insistence on converting technology-based environmental laws into cost-benefit laws. In OIRA's hands, for example, the Clean Water Act ("the Act") is being transformed from a technology- based regime …
The Effect Of The United States Supreme Court's Eleventh Amendment Jurisprudence On Clean Water Act Citizen Suits: Muddied Waters, Hope M. Babcock
The Effect Of The United States Supreme Court's Eleventh Amendment Jurisprudence On Clean Water Act Citizen Suits: Muddied Waters, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
This Article focuses on the impact of the Court's Eleventh Amendment jurisprudence on citizen suits authorized under the Clean Water Act (CWA), because that law's cooperative federalism structure is typical of many other environmental laws, and because citizen suits have historically played a critical role in its implementation. The CWA's citizen suit provision (section 505), which specifically incorporates the Eleventh Amendment, has brought on citizen suits the full force and effect of the Court's current state sovereign immunity jurisprudence. The prevailing wisdom is that the Court's state sovereign immunity jurisprudence will not bar CWA citizen suits brought to enforce federal …