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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 Dec 2020

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 Dec 2020

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 Dec 2020

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 Dec 2020

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 Nov 2020

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 Aug 2020

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 May 2020

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 Apr 2020

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 …