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Full-Text Articles in Law
City Of Chicago V. Environmental Defense Fund, Inc." Making The Case For Broader Application Of Chevron, U.S.A. V. Natural Resource Defense Council, Frank Lasalle
Akron Law Review
The purpose of this Note is to examine the Supreme Court's reasoning in City of Chicago v. Environmental Defense Fund, and to explore the implications of the Court's decision. First, Section II of this Note delineates the relevant statutory and regulatory background concerning the regulation of municipal solid waste. Next, Section III presents the statement of the case. Finally, Section IV analyzes the Supreme Court's decision. Section IV(A) criticizes the Court's limited focus in interpreting the Resource Conservation and Recovery Act of 1976 (RCRA). Section IV(B) contends that the Court's interpretation of RCRA is incorrect because it violates one of …
Daubert And Judicial Review: How Does An Administrative Agency Distinguish Valid Science From Junk Science?, D. Hiep Truong
Daubert And Judicial Review: How Does An Administrative Agency Distinguish Valid Science From Junk Science?, D. Hiep Truong
Akron Law Review
This broad authority to assess risk, however, leaves too much discretion to administrative agencies. Even more disturbing is the fact that different agencies assess the same risks differently, which leads to inconsistent results. The Environmental Protection Agency (EPA), for example, in determining the cancer risks from pesticides on food, produced an estimated risk of cancer mortality ten times greater than the Food and Drug Administration (FDA). To use a law and economics model, valuing equivalent (or identical) risks differently leaves open the possibility of economic misallocation. For example, if one agency has determined the proper level of risk, and assuming …
The Fox Is Guarding The Henhouse: Enhancing The Role Of The Epa In Fonsi Determinations Pursuant To Nepa, Wendy B. Davis
The Fox Is Guarding The Henhouse: Enhancing The Role Of The Epa In Fonsi Determinations Pursuant To Nepa, Wendy B. Davis
Akron Law Review
This article suggests an enhanced role for the EPA and the other agencies that have authority to protect our natural resources, including the FWS, NPS, and others. These agencies should have authority to evaluate the environmental assessments leading to a FONSI and require preparation of an EIS pursuant to NEPA. This paper also suggests that these agencies need more authority in the substantive decision of choice of an alternative action pursuant to the EIS, and the determination of whether the proposed action should proceed based on the conclusions in the EIS. This could be accomplished with an amendment to the …