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Full-Text Articles in Law
Traditional Ecological Rulemaking, Anthony Moffa
Traditional Ecological Rulemaking, Anthony Moffa
Faculty Publications
This Article examines the implications of an increased role for Traditional Ecological Knowledge (TEK) in United States agency decisionmaking. Specifically, it contemplates where TEK might substantively and procedurally fit and, most importantly, whether a final agency action based on TEK would survive judicial scrutiny. In the midst of a growing body of scholarship questioning the wisdom of deference to agency expertise9 and the legitimacy of the administrative state writ large,10 this Article argues that there remains an important space in administrative rulemaking for the consideration of ways of understanding that differ from traditional Western norms. TEK can and should fill …
Heat Expands All Things: The Proliferation Of Greenhouse Gas Regulation Under The Obama Administration, Jonathan H. Adler
Heat Expands All Things: The Proliferation Of Greenhouse Gas Regulation Under The Obama Administration, Jonathan H. Adler
Faculty Publications
The Obama Administration has been moving aggressively to control greenhouse gas emissions under the Clean Air Act and other pre-existing statutory authority. Much of this new regulation was facilitated – if not mandated – by the Supreme Court’s decision in Massachusetts v. EPA. These regulatory initiatives mark a dramatic expansion of federal environmental controls on private economic activity. These efforts are unwise. Regulating greenhouse gases under the Clean Air Act, in particular, will impose substantial regulatory costs for minimal environmental gain. Extensive GHG regulation will not produce much actual climate change mitigation. Mitigating the threat of anthropogenic climate change requires …
Massachusetts V. Epa Heats Up Climate Policy No Less Than Administrative Law: A Comment On Professors Watts And Wildermuth, Jonathan H. Adler
Massachusetts V. Epa Heats Up Climate Policy No Less Than Administrative Law: A Comment On Professors Watts And Wildermuth, Jonathan H. Adler
Faculty Publications
In their essay Breaking New Ground on Issues Other than Global Warming, Professors Kathryn A. Watts and Amy J. Wildermuth have presented a thoughtful preliminary analysis of the Supreme Court's handiwork in Massachusetts v. EPA. They are correct that the decision potentially paves new ground in administrative law, particularly with regard to state standing. The Court's approach to review of agency decisions to decline rulemaking petitions is also potentially significant, but perhaps less ground-breaking than they suggest. In the context of climate change policy their assessment of the Court's decision is too modest, however, for Massachusetts virtually ensures federal regulation …