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Articles 1 - 8 of 8
Full-Text Articles in Law
Innovative Regulatory And Financial Parameters For Advancing Carbon Capture And Storage Technologies, Zen Makuch, Slavina Georgieva & Behdeen Oraee-Mirzamani
Innovative Regulatory And Financial Parameters For Advancing Carbon Capture And Storage Technologies, Zen Makuch, Slavina Georgieva & Behdeen Oraee-Mirzamani
Fordham Environmental Law Review
No abstract provided.
Lessons From Renewable Energy Diffusion For Carbon Dioxide Removal Development, Anthony E. Chavez
Lessons From Renewable Energy Diffusion For Carbon Dioxide Removal Development, Anthony E. Chavez
Fordham Environmental Law Review
No abstract provided.
Regaining Control Over The Climate Change Narrative: How To Stop Right-Wing Populism From Eroding Rule Of Law In The Climate Struggle In India, Binit Agrawal
Fordham Environmental Law Review
No abstract provided.
Textiles As A Source Of Microfiber Pollution And Potential Solutions, Lea M. Elston
Textiles As A Source Of Microfiber Pollution And Potential Solutions, Lea M. Elston
Fordham Environmental Law Review
No abstract provided.
The Progressive Turn: Politics And Policy In The Movement, Zephyr Teachout, Heather Gautney, Todd Melnick
The Progressive Turn: Politics And Policy In The Movement, Zephyr Teachout, Heather Gautney, Todd Melnick
Posters
Maloney Library lecture series, Behind the Book
How Regulator Can Reduce Fish Mortality From Recreational Fishing, Jonathan (Jack) Agosta
How Regulator Can Reduce Fish Mortality From Recreational Fishing, Jonathan (Jack) Agosta
Fordham Environmental Law Review
No abstract provided.
A Unitary Theory Of Strict Deference, Zach Huffman
A Unitary Theory Of Strict Deference, Zach Huffman
Fordham Law Review
Agencies can interpret ambiguous statutes and regulations due to their expertise in executing complex regulatory schemes and the presumption that, for certain issues, Congress prefers agencies, not courts, to retain such power. This proposition is commonly referred to as agency deference. A recent U.S. Supreme Court case, Kisor v. Wilkie, challenged a core principle of agency deference called Auer deference, which allows agencies to interpret ambiguous regulations so long as the agency’s interpretation of the regulation is not plainly erroneous or inconsistent with the regulation as a whole. While the justices vigorously debated whether Auer v. Robbins should have …
Auer 2.0: The Disuniform Application Of Auer Deference After Kisor V. Wilkie, Daniel Lutfy
Auer 2.0: The Disuniform Application Of Auer Deference After Kisor V. Wilkie, Daniel Lutfy
Fordham Law Review
This Note examines how lower courts have applied Auer deference after the U.S. Supreme Court’s decision in Kisor v. Wilkie. The Court granted certiorari in Kisor to answer one question: whether to overturn the deference regimes created by Bowles v. Seminole Rock & Sand Co. and Auer v. Robbins. The Court upheld the doctrines and clarified their reach, limits, and proper application. This Note focuses on Kisor’s holding regarding the extent judges must scrutinize a regulation before concluding it is ambiguous. Despite the Court’s attempt to explicate a standard, lower courts have demonstrated stark differences in regulatory …