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Can Administrative Regulations Interpret Rights Enforceable Under Section 1983?: Why Chevron Deference Survives Sandoval And Gonzaga, Bradford Mank
Can Administrative Regulations Interpret Rights Enforceable Under Section 1983?: Why Chevron Deference Survives Sandoval And Gonzaga, Bradford Mank
Faculty Articles and Other Publications
There is a split in the circuits regarding whether and when agency regulations may establish rights enforceable through 42 U.S.C. Section 1983. In 1987, in Wright v. City of Roanoke, the Supreme Court held that a statute and regulations interpreting the statute could create enforceable rights under Section 1983, but left unclear to what extent it had relied on the regulations alone to reach this conclusion. The District of Columbia Circuit and Sixth Circuit have held that at least some valid federal regulations may create rights enforceable through Section 1983. Concluding that only Congress by enacting a statute may create …
The Environmental Protection Agency's Project Xl And Other Regulatory Reform Initiatives: The Need For Legislative Authorization, Bradford Mank
The Environmental Protection Agency's Project Xl And Other Regulatory Reform Initiatives: The Need For Legislative Authorization, Bradford Mank
Faculty Articles and Other Publications
The focus of this Article is twofold. First, the Article will show that EPA's reform initiatives are severely hampered by a lack of legal authority, and proposes that Congress give EPA sufficient authority to enact needed reforms. Second, this Article will address concerns that reform will lead to inferior environmental protection and public participation. This Article proposes a number of statutory provisions to ensure that, once EPA has sufficient authority to pursue its reform agenda the agency will do so in a way that avoids a diminution of public health safeguards.