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Climate Change, Dead Zones, And Massive Problems In The Administrative State: A Guide For Whittling Away, J.B. Ruhl, James Salzman
Climate Change, Dead Zones, And Massive Problems In The Administrative State: A Guide For Whittling Away, J.B. Ruhl, James Salzman
Vanderbilt Law School Faculty Publications
Mandates that agencies solve massive problems such as sprawl and climate change roll easily out of the halls of legislatures, but as a practical matter what can any one agency do about them? Serious policy challenges such as these have dimensions far beyond the capacity of any single agency to manage effectively. Rather, as the Supreme Court recently observed in Massachusetts v. Environmental Protection Agency, agencies, like legislatures, do not generally resolve massive problems in one fell swoop, but instead whittle away over time, refining their approach as circumstances change and they develop a more nuanced understanding of how best …
Ecosystem Services And The Clean Water Act: Strategies For Fitting New Science Into Old Law, J.B. Ruhl
Ecosystem Services And The Clean Water Act: Strategies For Fitting New Science Into Old Law, J.B. Ruhl
Vanderbilt Law School Faculty Publications
This Article explores the administrative reform potential that exists for integrating new knowledge about ecosystem services into Clean Water Act (CWA) regulatory programs as an example for all environmental laws. Part II of the Article reviews the relevant general rules of federal administrative law governing agency interpretation of the policy space available under statutory authority for integrating new science into decision making. Part III then explores the strategies an agency such as EPA can use under those rules to integrate the concept of ecosystem services into regulatory programs by searching for statutory provisions to support what I call "direct protection" …