Open Access. Powered by Scholars. Published by Universities.®
- Publication
- File Type
Articles 1 - 3 of 3
Full-Text Articles in Entire DC Network
Litigation-Fostered Bureaucratic Autonomy: Administrative Law Against Political Control, Daniel E. Walters
Litigation-Fostered Bureaucratic Autonomy: Administrative Law Against Political Control, Daniel E. Walters
Daniel E Walters
No abstract provided.
Litigation-Fostered Bureaucratic Autonomy: Administrative Law Against Political Control, Daniel E. Walters
Litigation-Fostered Bureaucratic Autonomy: Administrative Law Against Political Control, Daniel E. Walters
Daniel E Walters
The idea of political control dominates our understanding of both what administrative law does and what it should do. This emphasis on political control, however, downplays the important ways that administrative law facilitates resistance to political control in administrative agencies. In this article, I offer studies of two instances where agencies harnessed the power of seemingly standard administrative law litigation to resist the imposition of policies by political leadership. I classify these kinds of modes of resistance as instances of “litigation-fostered bureaucratic autonomy” and flesh out the mechanisms that drive the process. Acknowledging the role of such modes of resistance …
The Role Of The Judge In Endangered Species Act Litigation: District Judge James Redden And The Columbia Basin Salmon Saga, Michael C. Blumm, Aurora Paulsen
The Role Of The Judge In Endangered Species Act Litigation: District Judge James Redden And The Columbia Basin Salmon Saga, Michael C. Blumm, Aurora Paulsen
Michael Blumm
After rejecting three federal biological opinions (BiOps) for favoring federal Columbia Basin hydroelectric operations over salmon protected by the Endangered Species Act (ESA), Judge James A. Redden has retired, passing oversight of the litigation to a new federal judge. This complex case, which concerns the accommodations the world’s largest hydropower system must give to the region’s signature natural resource, has now spanned nearly twenty years and five different BiOps. For his part, Judge Redden worked closely with the parties in an attempt to arrive at improvements in salmon survival. In this managerial role, he acted perhaps as the archetypical federal …