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Articles 1 - 20 of 20
Full-Text Articles in Law
Major Questions (And Answers): A Call To Quiet The Quartet, Michael Reaves
Major Questions (And Answers): A Call To Quiet The Quartet, Michael Reaves
Journal of the National Association of Administrative Law Judiciary
This Comment calls for action to quiet the Quartet—encouraging executive agencies to mitigate the pernicious impact of MQD. In Part I, this Comment discusses the political landscape in the area of climate action. Part II wades through the nearly forty-year doctrinal shift of delegation—from humble beginnings in a law review article from then-Judge Breyer in 1986, to the application of major questions principles at various stages of agency-deference analyses. Part III discusses the Quartet and its role in MQD as a determinative legal canon. Recent scholarship calls into question if there are multiple iterations of MQD, and whether the most …
To Mulch Or Not To Mulch: Problems With Plastic Mulch And How To Address Them, Rebecca Kim
To Mulch Or Not To Mulch: Problems With Plastic Mulch And How To Address Them, Rebecca Kim
Journal of the National Association of Administrative Law Judiciary
While environmentally conscious consumers may be concerned about single-use plastic packaging their produce comes in, they likely do not think of the excess of plastics farmers use just to grow that produce. The agricultural industry uses an extraordinarily high amount of plastic, notably through agricultural films, which are thin plastic membranes used for mulching. The predominant use of these films has come to be known as “Plasticulture” and, although plastic mulch has many benefits, its ubiquitous use creates substantial waste that, when broken down into micro plastics, eventually enter the human body. This article evaluates the advantages and drawbacks of …
Addressing Bias In Administrative Environmental Decisions, Robert R. Kuehn
Addressing Bias In Administrative Environmental Decisions, Robert R. Kuehn
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Lights Out: Decommissioning The American Nuclear Plant, Joseph D. Mcmanus
Lights Out: Decommissioning The American Nuclear Plant, Joseph D. Mcmanus
Journal of the National Association of Administrative Law Judiciary
This article seeks to examine the United States commercial nuclear power plant decommissioning process, a look into a subject that begins at the end of a nuclear plant's life. The subject is often overlooked in favor of the more dominant and controversial issue of when and where a federal spent nuclear fuel repository will be established. But to overlook the American nuclear plant decommissioning process would be a missed opportunity to understand what happens after a nuclear plant permanently ceases power operations-a process that has the potential to last decades and affect the plant's local community through economic and environmental …
A Legacy That No One Can Afford To Inherit: The Gold King Disaster And The Threat Of Abandoned Hardrock Legacy Mines, Kelly Roberts
A Legacy That No One Can Afford To Inherit: The Gold King Disaster And The Threat Of Abandoned Hardrock Legacy Mines, Kelly Roberts
Journal of the National Association of Administrative Law Judiciary
This article begins with a description of the alarming matter of abandoned mines, mainly due to the issue of acid mine drainage. Then, it provides a detailed account of the Gold King disaster, including the current state of affairs surrounding the question of EPA liability. Next, it provides a simplified overview of some of the federal statutory hurdles that make it difficult to tackle remediation of abandoned hardrock mines. In wake of Gold King, another round of legislation has been proposed that might help, and these proposed bills center on familiar themes of reforming the General Mining Law of 1872 …
Waist-Deep In Nuclear Waste: How The Nrc Can Rebuild Confidence In A Stalled Waste Management Program, Emily Casey
Waist-Deep In Nuclear Waste: How The Nrc Can Rebuild Confidence In A Stalled Waste Management Program, Emily Casey
Journal of the National Association of Administrative Law Judiciary
This comment will explain why the federal nuclear waste management program is at a standstill and will suggest a course of action for the NRC to help revive the program. Part II describes the environmental hazards of spent nuclear fuel and the federal government’s effort to site and build a geologic repository for this nuclear waste. Part III explains the role of the NRC in the nuclear regulatory scheme and how safety and environmental regulations are promulgated and enforced. Part IV narrows in on the NRC rulemakings called the “Waste Confidence Decision” and “Temporary Storage Rule,” and the reasons why …
Judicial Independence In Administrative Adjudication: Indiana's Environmental Solution, Lori Kyle Endris, Wayne E. Penrod
Judicial Independence In Administrative Adjudication: Indiana's Environmental Solution, Lori Kyle Endris, Wayne E. Penrod
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Challenges In Multiparty Environmental Mediation, Daniel E. Louis
Challenges In Multiparty Environmental Mediation, Daniel E. Louis
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Remedies In The Field Of Toxic Torts, Janet L. Heller
Administrative Remedies In The Field Of Toxic Torts, Janet L. Heller
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Environmental Regulation And The Doctrine Of Scientific Uncertainty: A Case Study Of The Epa's Cancellation Of 2, 4, 5-T, Wendy Wagner
Environmental Regulation And The Doctrine Of Scientific Uncertainty: A Case Study Of The Epa's Cancellation Of 2, 4, 5-T, Wendy Wagner
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Judicial Review Of Forest Service Decisions Made Pursuant To The National Forest Management Act's Substantive Requirements: Time For A Science Court?, Kristen Potter
Journal of the National Association of Administrative Law Judiciary
This article is divided into five sections. Section I reviews the legal and historical background of forest law, culminating in NFMA, and establishes why many believe that the NFMA provides a greater role for courts. Section II presents the underpinnings of judicial review and deference to administrative agencies, such as the Forest Service. Section III provides examples of the deference applied in challenges to the Forest Service's attempted compliance with NFMA's diversity requirements. Section IV discusses the benefits and shortcomings of a specialized court in addressing the criticisms of the present system. Section V concludes that a specialized court is …
Comanagement: Merging The Esa With Political Pressure To Create A Viable Alternative To Esa Listing, Stephanie Pacey
Comanagement: Merging The Esa With Political Pressure To Create A Viable Alternative To Esa Listing, Stephanie Pacey
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Partial Vs. Complete Removal: The Debate Surrounding California's Implementation Of The Rigs-To-Reef Project, Emily Edwards
Partial Vs. Complete Removal: The Debate Surrounding California's Implementation Of The Rigs-To-Reef Project, Emily Edwards
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Errata (Correction Notice), Holly Phillips
Errata (Correction Notice), Holly Phillips
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Cross-Border Trucking: An Analysis Of The Limited Extent Of Agency Authority And The Potential For Detrimental Environmental Results As Illustrated By Department Of Transportation V. Public Citizen, Stephanie Rudell
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Administrative Sovereignty: Expanding The Scope Of Federal Agency Enforcement Powers In Alaska V. Environmental Protection Agency, Joshua Hill
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
A Muddy Decision - The High Court Fails To Define The Corps' Wetland Jurisdiction In Rapanos V. United States, Jill Lambird
A Muddy Decision - The High Court Fails To Define The Corps' Wetland Jurisdiction In Rapanos V. United States, Jill Lambird
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Massachusetts V. Environmental Protection Agency, Exploring The Merits Of Greenhouse Gas Regulation, Elise Korican
Massachusetts V. Environmental Protection Agency, Exploring The Merits Of Greenhouse Gas Regulation, Elise Korican
Journal of the National Association of Administrative Law Judiciary
The purpose of this case note is to explore the Supreme Court's decision in Massachusetts v. EPA. Part II provides the historical background of global warming, related legislation, the enactment of the Clean Air Act and later amendments, as well as relevant case holdings as to judicial review of agency decisions and implementation of the Clean Air Act. Part III sets out the operative facts of the Massachusetts v. EPA case beginning with the initial rulemaking petition, through the decision of the district court of appeals, and describes the facts as presented to the Supreme Court. Part IV outlines the …
Administrative Decision-Making By Judges In The United States' Environmental Protection Agency Administrator's Civil Penalty Assessment Process: Whatever Happened To The Law?, Richard R. Wagner
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Happy Air!: Strengthening The Role Of Administrative Law In Environmental Enforcement, Erica Bourdon
Happy Air!: Strengthening The Role Of Administrative Law In Environmental Enforcement, Erica Bourdon
Journal of the National Association of Administrative Law Judiciary
No abstract provided.