Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
-
- The Future of Natural Resources Law and Policy (Summer Conference, June 6-8) (4)
- Scholarship@WashULaw (3)
- Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13) (1)
- External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16) (1)
- The Promise and Peril of Oil Shale Development (February 5) (1)
- Publication Type
Articles 1 - 12 of 12
Full-Text Articles in Law
Vacatur, Nationwide Injunctions, And The Evolving Apa, Ronald M. Levin
Vacatur, Nationwide Injunctions, And The Evolving Apa, Ronald M. Levin
Scholarship@WashULaw
The courts’ growing use of universal or nationwide injunctions to invalidate agency rules that they find to be unlawful has given rise to concern that such injunctions circumvent dialogue among the circuits, promote forum-shopping, and leave too much power in the hands of individual judges. Some scholars, joined by the Department of Justice, have argued that such judicial decisions should be limited through restrictive interpretations of the Administrative Procedure Act (APA).
This article takes issue with these authorities. It argues that the courts’ use of the APA to vacate a rule as a whole—as opposed to merely enjoining application of …
The Apa And The Assault On Deference, Ronald Levin
The Apa And The Assault On Deference, Ronald Levin
Scholarship@WashULaw
Recently, in Kisor v. Wilkie, a concurring opinion by Justice Gorsuch argued at length that § 706 of the Administrative Procedure Act prohibits judicial deference to administrative interpretations of law. That section states that “the reviewing court shall decide all relevant questions of law.” This issue remained unresolved in Kisor, but the Supreme Court may well return to it soon as a potential argument against the validity of Chevron deference. Although a substantial academic literature has supported Gorsuch’s position on the APA question, this article disagrees with it. It argues that the text of § 706, surrounding statutory provisions, the …
The D.C. Circuit Undermines Direct Final Rulemaking, Ronald Levin
The D.C. Circuit Undermines Direct Final Rulemaking, Ronald Levin
Scholarship@WashULaw
Twenty-five years ago, the Administrative Conference of the United States (ACUS) brought the technique of “direct final rulemaking” to the attention of the administrative law community. Since that time, agencies have used the technique thousands of times to adopt noncontroversial regulations on an expedited basis. But its legality depends on a creative reading of the Administrative Procedure Act (APA). A recent D.C. Circuit case, applying the APA in a manner that overlooked the distinctive features of this device, has exposed this vulnerability and may well have seriously undermined the viability of the practice.
This column criticizes a case that came …
Slides: The Promise And Peril Of Oil Shale: Federal Law And Policy, David Bernhardt
Slides: The Promise And Peril Of Oil Shale: Federal Law And Policy, David Bernhardt
The Promise and Peril of Oil Shale Development (February 5)
Presenter: David Bernhardt, Brownstein Hyatt Farber Schreck, Denver, CO
13 slides
The Devolution Of Nepa: How The Apa Transformed The Nation's Environmental Policy, Sam Kalen
The Devolution Of Nepa: How The Apa Transformed The Nation's Environmental Policy, Sam Kalen
William & Mary Environmental Law and Policy Review
No abstract provided.
Slides: The Future Public Law Of Private Ecosystems, J. B. Ruhl
Slides: The Future Public Law Of Private Ecosystems, J. B. Ruhl
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: J.B. Ruhl, Florida State University Law School
18 slides
Slides: Meaningful Engagement: The Public's Role In Resource Decisions, Mark Squillace
Slides: Meaningful Engagement: The Public's Role In Resource Decisions, Mark Squillace
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
Presenter: Mark Squillace, Director, Natural Resources Law Center, University of Colorado Law School
22 slides
Some Preliminary Thoughts On Contrasts And Convergence In Environmental And Natural Resources Law, Karin P. Sheldon
Some Preliminary Thoughts On Contrasts And Convergence In Environmental And Natural Resources Law, Karin P. Sheldon
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
16 pages.
Includes bibliographical references
Historical Evolution And Future Of Natural Resources Law And Policy: The Beginning Of An Argument And Some Modest Predictions, Sally K. Fairfax, Helen Ingram, Leigh Raymond
Historical Evolution And Future Of Natural Resources Law And Policy: The Beginning Of An Argument And Some Modest Predictions, Sally K. Fairfax, Helen Ingram, Leigh Raymond
The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)
8 pages.
Includes bibliographical references
"Sally Fairfax, UC-Berkeley, Helen Ingram, UC-Irvine, and Leigh Raymond, Purdue University" -- Agenda
Slides: Nepa And Adaptive Management, Denise A. Dragoo
Slides: Nepa And Adaptive Management, Denise A. Dragoo
Best Management Practices and Adaptive Management in Oil and Gas Development (May 12-13)
Presenter: Denise A. Dragoo, Partner, Snell & Wilmer L.L.P., Salt Lake City, UT
22 slides
Protection Of Waters Within And Without Park Boundaries To Support National Parks And Other Units Of The National Park System, A. Dan Tarlock
Protection Of Waters Within And Without Park Boundaries To Support National Parks And Other Units Of The National Park System, A. Dan Tarlock
External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)
8 pages.
Terminating The Existence Of The Indian Claims Commission, Us House Of Representatives
Terminating The Existence Of The Indian Claims Commission, Us House Of Representatives
US Government Documents related to Indigenous Nations
This report from the House Committee on Interior and Insular Affairs, dated July 27 1955, was written to accompany United States (US) House Resolution 5566 which proposed to terminate the Indian Claims Commission by April 10, 1962. This report recommends the bill to pass with some amendments. The report first recommends a statutory citation be replaced with a more detailed citation. The second recommendation of the report is to add a new section related to appointed attorneys and the Administrative Procedure Act. The report's final recommendation is that the title be changed to read "A bill to terminate the existence …