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Full-Text Articles in Environmental Law
Agencies Running From Agency Discretion, J.B. Ruhl, Kyle Robisch
Agencies Running From Agency Discretion, J.B. Ruhl, Kyle Robisch
Vanderbilt Law School Faculty Publications
Discretion is the root source of administrative agency power and influence, but exercising discretion often requires agencies to undergo costly and time-consuming pre-decision assessment programs, such as under the Endangered Species Act (ESA) and National Environmental Policy Act (NEPA). Many federal agencies thus have argued strenuously, and counter-intuitively, that they do not have discretion over particular actions so as to avoid such pre-decision requirements. Interest group litigation challenging such agency moves has led to a new wave of jurisprudence exploring the dimensions of agency discretion. The emerging body of case law provides one of the most robust, focused judicial examinations …
The Extraterritorial Application Of Nepa Under Executive Order 12,114, Sue D. Sheridan
The Extraterritorial Application Of Nepa Under Executive Order 12,114, Sue D. Sheridan
Vanderbilt Journal of Transnational Law
On January 5, 1977, President Carter issued Executive Order No. 12,1142 (Executive Order) describing the scope of United States federal agencies' obligations to consider the environmental consequences of proposed agency actions abroad. In so doing, Carter purported to establish the sole legal authority governing agency response to the concern for the global environment. Moreover, the Executive Order was intended to resolve a heated debate over the extraterritorial applicability of the National Environmental Policy Act [NEPA] which had concerned federal agencies, courts, Congress, and the Executive Branch during three successive administrations.
The controversy focused on whether NEPA's requirement that an environmental …