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Full-Text Articles in Law
Expanding The Administrative Record: Using Pretext To Show "Bad Faith Or Improper Behavior", Laura Boyer
Expanding The Administrative Record: Using Pretext To Show "Bad Faith Or Improper Behavior", Laura Boyer
University of Colorado Law Review
This Comment argues that courts should more readily permit extra-record discovery when preliminary signs of pretext strongly suggest "bad faith and improper behavior" by agency decision-makers. 3 1 Section L.A sets the scene by describing the basic mechanics of litigation challenging agency decisions. Section I.B shifts focus by examining two recent Supreme Court decisions that illustrate the Court's struggle to review executive action where an agency seems to have offered a pretextual justification. Part II then shows how agencies' reliance on pretextual justifications is becoming a growing and serious problem-especially within the Trump Administration-and describes a 2017 decision by the …
Preserving The Nationwide National Government Injunction To Stop Illegal Executive Branch Activity, Doug Rendleman
Preserving The Nationwide National Government Injunction To Stop Illegal Executive Branch Activity, Doug Rendleman
University of Colorado Law Review
No abstract provided.
Reviving The Environmental Justice Potential Of Title Vi Through Heightened Judicial Review, Rachel Calvert
Reviving The Environmental Justice Potential Of Title Vi Through Heightened Judicial Review, Rachel Calvert
University of Colorado Law Review
Title VI of the Civil Rights Act has unrealized potential to correct the racialized distribution of environmental hazards. The disparate impact regulations implementing this sweeping statute target the institutional discrimination that characterizes environmental injustice. Agency decisions routinely deny claims that federal funds are contributing to projects that disproportionately pollute minority communities, allegedly in violation of Title VI disparate impact regulations. These dismissals are effectively final, as trends in civil rights jurisprudence have essentially foreclosed would-be litigants' opportunities for meaningful judicial review. Their last remaining avenue for recourse is to trigger an arbitrary and capricious review of agency actions, but the …
The Fight To Save Red Lady: Does The 1872 Mining Law Impliedly Preclude Review Of Patent Protest Determinations, Michelle Albert
The Fight To Save Red Lady: Does The 1872 Mining Law Impliedly Preclude Review Of Patent Protest Determinations, Michelle Albert
University of Colorado Law Review
For over thirty years, residents and the local government of Crested Butte, Colorado have been fighting to keep a molybdenum mine out of their backyard. In 2004, the High Country Citizens Alliance, the town of Crested Butte, and the Board of County Commissioners filed an administrative protest challenging several applications to patent mineral land on nearby Mt. Emmons. The Bureau of Land Management denied their protest and issued nine mineral patents. The issuance of these patents increased the likelihood of a molybdenum mine on Mt. Emmons. The unsuccessful protestors appealed the BLM's decision in federal district court. In High Country …