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Full-Text Articles in Law

Mays V. City Of Flint, Michigan, Nathan A. Burke Dec 2017

Mays V. City Of Flint, Michigan, Nathan A. Burke

Public Land & Resources Law Review

In Mays v. City of Flint Michigan, Michigan Department of Environmental Quality employees removed a class action against them in the Michigan state court to federal court under the federal-officer removal statute. This court ruled in favor of the residents of Flint, determining that the federal officer removal statute did not give the federal court jurisdiction over a state agency simply because the agency must follow federal rules. The court held that Michigan Department of Environmental Quality employees could not have been “acting under” the federal government even though the state agency’s enforcement authority could be trumped by the …


Law Library Blog (May 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law May 2017

Law Library Blog (May 2017): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.


Newsroom: Legal Achievers Honored At Commencement 04-19-2017, Roger Williams University School Of Law Apr 2017

Newsroom: Legal Achievers Honored At Commencement 04-19-2017, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Hawkes Co. V. United States Army Corps Of Engineers, Sarah M. Danno Apr 2017

Hawkes Co. V. United States Army Corps Of Engineers, Sarah M. Danno

Public Land & Resources Law Review

A peat mining company will not be required to obtain a permit under the Clean Water Act to discharge dredged and fill material into wetlands. The United States District Court for the District of Minnesota held that the United States Army Corps of Engineers fell short in its attempts to establish jurisdiction over the wetlands by twice failing to show a significant nexus existed between the wetlands and navigable waters. Further, the district court enjoined the Corps from asserting jurisdiction a third time because it would force the mining company through a “never ending loop” of administrative law.


S17rs Sgr No. 3 (Repurpose Unused Plants Around Campus), Sarah Perkins Apr 2017

S17rs Sgr No. 3 (Repurpose Unused Plants Around Campus), Sarah Perkins

Student Senate Enrolled Legislation

To urge and request LSU SCHOOL OF PLANT, ENVIRONMENTAL, AND SOIL SCIENCES to partner with students in efforts to repurpose unused plants around campus


Agency Innovation In Vermont Yankee's White Space, Emily S. Bremer, Sharon B. Jacobs Jan 2017

Agency Innovation In Vermont Yankee's White Space, Emily S. Bremer, Sharon B. Jacobs

Publications

The literature on “agency discretion” has, with a few notable exceptions, largely focused on substantive policy discretion, not procedural discretion. In this essay, we seek to refocus debate on the latter, which we argue is no less worthy of attention. We do so by defining the parameters of what we call Vermont Yankee’s “white space” — the scope of agency discretion to experiment with procedures within the boundaries established by law (and thus beyond the reach of the courts). Our goal is to begin a conversation about the dimensions of this procedural negative space, in which agencies are free …