Law Commons^™

Appeal No. 0428: O. B. Ventures V. J. Michael Biddison, Chief Division Of Oil And Gas Ohio Department Of Natural Resources, Board Of Oil And Gas Review

Ohio Oil & Gas Commission Decisions

Chief's Order 90-575

Conceiving Due Process, Cynthia R. Farina

Cornell Law Faculty Publications

Appeal No. 0412: International Energy Consultants, Inc. V. J. Michael Biddison, Chief Division Of Oil And Gas Ohio Department Of Natural Resources, Board Of Oil And Gas Review

Ohio Oil & Gas Commission Decisions

Chief's Order 90-358

Appeal No. 0407: Redman Oil Co. V. J. Michael Biddison, Chief Division Of Oil And Gas Ohio Department Of Natural Resources, Board Of Oil And Gas Review

Ohio Oil & Gas Commission Decisions

Chief's Order 90-341

Appeal No. 0431: Redman Oil Company V. J. Michael Biddison, Chief Division Of Oil And Gas Ohio Department Of Natural Resources, Board Of Oil And Gas Review

Ohio Oil & Gas Commission Decisions

Chief's Order 90-677

Appeal No. 0409: Joseph M. Bennett V. J. Michael Biddison, Chief Division Of Oil And Gas Ohio Department Of Natural Resources, Board Of Oil And Gas Review

Ohio Oil & Gas Commission Decisions

Chief's Order 90-192

Appeal No. 0419: Bb Energy Corp. V. J. Michael Biddison, Chief Division Of Oil And Gas Ohio Department Of Natural Resources, Board Of Oil And Gas Review

Ohio Oil & Gas Commission Decisions

Chief's Order 90-514

Appeal No. 0435: Dusty Drilling And Production Corp. V. J. Michael Biddison, Chief Division Of Oil And Gas Ohio Department Of Natural Resources, Board Of Oil And Gas Review

Ohio Oil & Gas Commission Decisions

Chief's Order 91-06

Appeal No. 0430: R & D Exploration, Inc. V. J. Michael Biddison, Chief Division Of Oil And Gas Ohio Department Of Natural Resources, Board Of Oil And Gas Review

Ohio Oil & Gas Commission Decisions

Chief's Order 90-1651

Appeal No. 0375: Windham Township Trustees V. J. Michael Biddison, Chief, Division Of Oil And Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 89-552

Appeal No. 0418: Maranatha Exploration, Inc. V. J. Michael Biddison, Chief Division Of Oil And Gas Ohio Department Of Natural Resources, Board Of Oil And Gas Review

Ohio Oil & Gas Commission Decisions

Chief's Order 90-508

Appeal No. 0414: Atwood Energy, Inc. V. J. Michael Biddison, Chief Division Of Oil And Gas Ohio Department Of Natural Resources, Board Of Oil And Gas Review

Ohio Oil & Gas Commission Decisions

Chief's Order 90-371

Appeal No. 0355: Edna Mae Mott V. J. Michael Biddison, Chief, Division Of Oil And Gas, Ohio Oil & Gas Board Of Review

Ohio Oil & Gas Commission Decisions

Chief's Order 89-336

Appeal No. 0433: Cemco Operating, Inc. V.Scott Kell, Acting Chief, Division Of Oil & Gas, Department Of Natural Resources, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 90-670 (deny permit app) [from docket]

Appeal No. 0410: Mason Drilling V. J. Michael Biddison, Chief Division Of Oil And Gas Ohio Department Of Natural Resources, Board Of Oil And Gas Review

Ohio Oil & Gas Commission Decisions

Chief's Motion to Dismiss

Distributional Consquences Of Environmental Regulation: Economics, Politics, And Environmental Policymaking, Joseph P. Tomain

Faculty Articles and Other Publications

In this article, environmental policymaking methods are explored through a fictional rediscovery in April 22, 2170 of two documents from 1991. One of the documents presents the background assumptions and technical concepts needed to design an environmental policy for the Town of Lawrenceville. The other document presents the Town of Lawrenceville with a discussion of the distributional consequences of three distinct and perhaps complementary environmental programs. The discussion of each program presents the likely distribution of benefits and costs. Each discussion concludes by speculating on the overall efficiency of the program. The recommendation is to submit the three environmental programs …

Defining Tucker Act Jurisdiction After Bowen V. Massachusetts, Michael F. Noone Jr., Urban A. Lester

Scholarly Articles

Part I of this Article summarizes the relevant provisions of the Tucker Act, and examines courts' interpretations of whether a district court had jurisdiction over a claim when a potential judgment exceeded $10,000. This Article suggests that, over time, traditional Tucker Act jurisdiction has been distorted by the appearance of a new kind of plaintiff' seeking "structural reform" rather than the kinds of compensation envisioned by the Act. This Article also suggests that Tucker Act jurisdiction has been distorted by two congressional actions: the creation of the judgment fund; and amendments to the Administrative Procedure Act. These congressional actions could …

Realizing The Potential Of Arbitration In Federal Agency Dispute Resolution, Marshall J. Breger

Scholarly Articles

The Administrative Dispute Resolution Act of 1990 has given direct authorization to all federal government agencies to voluntarily agree to use alternative dispute resolution (specifically arbitration) in any type of dispute—whether disputes between the government and private parties, interagency matters or labor-management disputes within one agency. This law will be overseen by the Administrative Conference, which coordinates and advises agencies on the act's implementation. The Administrative Conference is a permanent federal agency established in 1964. Its purpose is to "improve the procedures of federal agencies so that they may fairly and expeditiously carry out their responsibilities."

A Conservative’S Comments On Edley And Sunstein, Marshall J. Breger

Scholarly Articles

No abstract provided.

The Administrative Conference Of The United States: A Quarter Century Perspective, Marshall J. Breger

Scholarly Articles

I have served as Chairman of the Administrative Conference of the United States (ACUS) for a little more than six years. It has been both a fulfilling and a frustrating experience. The Conference has accomplished a great deal, yet it could do much more. I take this opportunity to review the role of the Conference in modern administrative law. In this article I wish to meet two goals. The first is to illustrate the role of the Administrative Conference-what it does, and how it does it. During my tenure, I have often used the chairmanship as a "bully pulpit" to …

Comments On Bernard Schwartz’ Essay, Marshall J. Breger

Scholarly Articles

No abstract provided.

Specialized Courts In Administrative Law, Harold H. Bruff

Publications

No abstract provided.

The Principles, Tools, And Limits Of Preservation Law In Missouri, John W. Ragsdale Jr

Faculty Works

No abstract provided.

The Case For Integrated Pollution Control, Lakshman Guruswamy

Publications

No abstract provided.

Adjudicative Retroactivity In Administrative Law , Abner S. Greene

Faculty Scholarship

Although decided forty-five years ago, SEC v Cbenery Corp. ("Cbenery II") remains the Supreme Court's leading statement on the issue of retroactivity in administrative adjudication. According to Chenery II, administrative agencies may give meaning to statutory terms through adjudication, even if the rules applied in a particular adjudication have not been previously announced. The Court acknowledged that "announcing and applying a new standard of conduct" in an adjudicative proceeding would have a retroactive effect, but concluded that the agency's duty to be faithful to the "statutory design or to legal and equitable principles" may override concerns about retroactivity. The Court …

Providing Economic Incentives In Environmental Regulation, Marshall J. Breger, Richard B. Stewart, E. Donald Elliott, David Hawkins

Scholarly Articles

No abstract provided.

Administrative Law In The United States -- Past, Present And Future, Alfred C. Aman

Articles by Maurer Faculty

This paper will take a contextual approach to American administrative law. It will examine the historic context and the legal significance of certain administrative law doctrines and approaches. In so doing, it will examine three distinct eras of administrative law: (1) the New Deal-A.PA., which I date from 1929 to 1959; (2) the environmental era which I date from 1960 to 1980; and (3) the global era of administrative law, whose beginnings I somewhat arbitrarily mark as 1980. This takes us to the present and the foreseeable future.' I do not mean to imply that these eras are so distinct …

The Tragedy Of Distrust In The Implementation Of Federal Environmental Law, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

The need to reduce dramatically the strain we place on the natural environment is simultaneously immediate and long-term. Our domestic laws reflect that understanding and express a symbolic commitment to that goal. Those laws have achieved, moreover, significant improvement in discrete areas and, in some others, have managed to resist further environmental degradation in the face of a growing economy. For that reason, they warrant great praise. The past twenty years nevertheless reveal that those same laws decline to undertake the concomitant modification of our governmental institutions, and the way we think about them, which is necessary for a fuller …

Editor's Comments, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Sunstein, Statutes, And The Common Law – Reconciling Markets, The Communal Impulse, And The Mammoth State, Peter L. Strauss

Faculty Scholarship

Professor Cass Sunstein's new book, After the Rights Revolution: Reconceiving the Regulatory State, builds upon, and in important ways seeks to integrate, much of Professor Sunstein's work over the past several years. He has been one of our most prolific and influential writers on issues of governmental structure, approaching the subject both from more or less conventional administrative law perspectives and from the constitutional perspectives of separation of powers. His work has dealt with a tension often addressed in the literature, that between the eighteenth-century Madisonian constitutional engine of limited, internally checked government and the realities of our sprawling …