Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Separation of powers

Notre Dame Law School

2019

Articles 1 - 1 of 1

Full-Text Articles in Law

Blank Checks: An Analysis Of Emergency Actions Warranting Unilateral Executive Action, Megan E. Ball Jan 2019

Blank Checks: An Analysis Of Emergency Actions Warranting Unilateral Executive Action, Megan E. Ball

Notre Dame Law Review

This Note discusses the separation of powers issues raised in the D.C. Circuit by then-Judge, now Justice Kavanaugh in Mexichem Fluor’s suit. Specifically, this Note analyzes the federal government’s approach to climate change, overreach of the EPA to act beyond its statutorily granted authority, and the EPA’s reliance upon President Obama’s executive directives as the justification for its overreach. Part I of this Note provides a broad introduction of the CAA and the importance of the policy motivations for the later addition of Title VI to the Act. Part II discusses in more depth the decision in Mexichem Fluor v. …