Administrative Law Commons^™

Cityland – Vol. 6, No. 11, Center For New York City Law

CityLand - 2009

The December 2009 issue of CityLand covers major land use, preservation, and legal developments in New York City. The City Council approved a modified plan for the Western Rail Yard in Hudson Yards, securing permanently affordable housing. It rejected the Kingsbridge Armory redevelopment due to the lack of a living wage provision. The Council also approved a rezoning in West Harlem and a controversial plan for the Broadway Triangle in Williamsburg. Landmark actions included the designation of the Paramount Hotel and one of the B.F. Goodrich Company Buildings, while denying designation of its sister building. Landmarks also reviewed a rooftop …

Appeal No. 0816: Ohio Valley Energy Systems V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2009-46

Administrative Law, Martin M. Wilson, Jennifer A. Blackburn

Mercer Law Review

Administrative procedure is rarely the topic of after-hours conversations, trailing far behind baseball scores, what to eat, and famous personalities. However, the continuing creep of influence of administrative agencies impacts daily life far beyond casual observations. It is the work of administrative agencies that propels government on all fronts. This Article surveys chosen cases from the Georgia Supreme Court and the Georgia Court of Appeals from June 1, 2008 through May 31, 2009. Cases from specific subject areas that one would expect to see in other articles contained in this volume have not been included unless points regarding administrative law …

Labeling Of Credence Attributes In Livestock Production: Verifying Attributes Which Are More Than "Meet The Eye", Nicole J. Olynk, Christopher A. Wolf, Glynn T. Tonsor

Journal of Food Law & Policy

Americans are increasingly sensitive to the conditions under which the foods they purchase and consume are produced. It is becoming commonplace for consumers to incorporate perceived environmental impacts, animal welfare concerns, and other process attributes into food purchase decisions. Increased interest in production practices and technologies employed in food production has been seen in the U.S. specifically concerning irradiation, antibiotics, and hormone and pesticide use. Perhaps one of the most controversial technologies employed in food production today is the use of genetic engineering. Not surprisingly, consumers are particularly sensitive about practices employed or technologies used in foods produced specifically for …

Fighting Freestyle: The First Amendment, Fairness, And Corporate Reputation, Rebecca Tushnet

Georgetown Law Faculty Publications and Other Works

There are three distinct groups who might want to engage in speech about commercial entities or to constrain those commercial entities from making particular claims of their own. Competitors may sue each other for false advertising, consumers may sue businesses, and government regulators may impose requirements on what businesses must and may not say. In this context, this Article will evaluate a facially persuasive but ultimately misguided claim about corporate speech: that because consumers regularly get to say nasty things about corporations under the lax standards governing defamation of public figures, corporations must be free to make factual claims subject …

A Healthy Diet Of Preemption: The Power Of The Fda And The Battle Over Restricting High Fructose Corn Syrup From Food And Beverages Labeled 'Natural', Adam C. Schlosser

Journal of Food Law & Policy

America is unhealthy. America faces an obesity epidemic. The food consumed by Americans is making them fat. Americans, bombarded every single day by negative headlines like these, are becoming more and more health conscious. This newfound commitment to health is reflected in the food and beverages Americans purchase.

Dietary Supplements And Structure-Function Claims: The Dysfunctional Structure Of Current Regulation, Matthew W. Lindsey

Journal of Food Law & Policy

Twenty percent of Americans report using one of the more than thirty thousand dietary supplement products generated by an estimated one thousand manufacturers, contributing to an industry exceeding twenty billion dollars globally. Fueled by increasing public interest in individual health, dietary supplement manufacturers in the United States (U.S.) continue to exploit the weaknesses in the way the Food and Drug Administration (FDA) regulates these products. Dietary supplement manufacturers perpetuate the perceived safety of supplements through the advertisement of structure-function claims, which many consumers mistakenly assume to be the same as FDA-regulated health claims.

United States Food Law Update: Food Allergy Labels, Reaching Organic Equivalence, Misbranding Litigation And Regulatory Takings, A. Bryan Endres, Michaela N. Tarr

Journal of Food Law & Policy

The start of 2009 found the nation transitioning to a new presidential administration, speculating on the impact new appointees to the executive branch may have on regulatory priorities and monitoring a bill' making its way through Congress that seeks a substantial overhaul of the food regulatory system. This version of the Food Law Update will analyze two major developments in food allergy labeling: finalization of rules requiring the labeling of Cochineal extract/ carmine and an analysis of the proposed "gluten-free" product labels. The update next discusses the execution of an equivalency agreement between the United States and Canada with respect …

Presidential Control Of The Elite "Non-Agency", Kimberly L. Wehle

All Faculty Scholarship

This article examines the constitutionality of legislation creating a new form of independent agency – in effect, a “non-agency” agency residing in the no-man’s land between Articles I and II of the Constitution. In the Sarbanes-Oxley Act, Congress established the Public Company Accounting Oversight Board (“PCAOB” or “Board”) and endowed it with massive governmental powers while insulating it from traditional mechanisms for ensuring accountability. Congress deemed the PCAOB not an agency, rendered it substantially immune from judicial review, empowered Board members to set their own salaries and budget, and gave the embattled Securities and Exchange Commission – not the President …

Academic Center Of Law And Business V. Minister Of Finance, Dorit Beinisch, Edna Arbel, Asher Grunis, Eliezer Rivlin, Ayala Procaccia, Esther Hayut, Salim Joubran, Miriam Naor, Edmond E. Levy

Translated Opinions

Facts: The Knesset enacted the Prisons Ordinance Amendment Law (no. 28), 5764-2004 (‘amendment 28’), which provides that the State of Israel will establish, for the first time, a (single) prison that will be operated and managed by a private corporation rather than by the state. The constitutionality of this law was challenged by the petitioners, who argued that amendment 28 disproportionately violated the rights of prison inmates as a result of the actual transfer of imprisonment powers to a private enterprise, and as a result of the concern that human rights in a private prison would be violated to a …

Cityland – Vol. 6, No. 10, Center For New York City Law

CityLand - 2009

The November 2009 issue of CityLand covers major land use and preservation developments in New York City. The City Council approved a modified version of Hines’s proposed MoMA tower, capping its height at 1,050 feet and reducing its hotel component. New legislation was passed to preserve permits for stalled construction sites. The Council also debated the FRESH program to incentivize grocery stores in underserved neighborhoods and approved residential developments on City Island and in Carroll Gardens. The City Planning Commission approved the Kingsbridge Armory redevelopment and heard testimony on the Sunset Park 197-a Plan. BSA granted a special permit for …

Contemporary Water Issues, Susan Kelly

Publications

No abstract provided.

Appeal No. 0796: Ava Gas Corporation V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2008-04

Ernst Freund, Felix Frankfurter And The American Rechtsstaat: A Transatlantic Shipwreck, 1894-1932, Daniel R. Ernst

Georgetown Law Faculty Publications and Other Works

From the passage of the Interstate Commerce Act of 1887 through the New Deal, American legislators commonly endowed administrative agencies with broad discretionary power. They did so over the objections of an intellectual founder of the American administrative state. The American-born, German-educated lawyer and political scientist Ernst Freund developed an Americanized version of the Rechtsstaat—a government bound by fixed and definite rules—in an impressive body of scholarship between 1894 and 1915. In 1920 he eagerly took up an offer from the Commonwealth Fund to finance a comprehensive study of administration in the United States. Here was his chance to show …

Cityland – Vol. 6, No. 9, Center For New York City Law

CityLand - 2009

The October 2009 issue of CityLand covers significant land use and preservation developments across New York City. The City Council approved rezoning plans for the 161st Street/River Avenue corridor in the Bronx and for Sunset Park in Brooklyn, aiming to promote affordable housing and contextual development. The Council also approved the Navy Green mixed-use project in Wallabout and a Fort Greene development at 470 Vanderbilt Avenue. The City Planning Commission approved a reduced-height version of the Jean Nouvel-designed MoMA tower and a residential development on City Island. BSA decisions included a denied variance for a commercial building in Staten Island …

Agenda: Best Practices For Community And Environmental Protection, University Of Colorado Boulder. Natural Resources Law Center. Intermountain Oil And Gas Bmp Project, Colorado. Oil And Gas Conservation Commission

Best Practices for Community and Environmental Protection (October 14)

The first Intermountain BMP Project workshop, sponsored by the Natural Resources Law Center and the Colorado Oil and Gas Conservation Commission, was held in Rifle, Colorado on October 14, 2009 at the Garfield County Fairground for over 170 participants.

Speakers from Federal, state and local governments, the community, industry and environmental consultants, and conservation groups focused presentations and discussion on a greater understanding of what Best Management Practices (BMPs) are appropriate to the western slope of Colorado and how they are integrated into developments.

Slides: Best Management Practices: Planning, Leasing, Permitting, Jamie Connell

Best Practices for Community and Environmental Protection (October 14)

Presenter: Jamie Connell, Northwest Colorado District Manager, U.S. Bureau of Land Management (BLM) Colorado

23 slides

Slides: Disappearing Roads--An Efd Project: An Exploration Into Low Impact And Efficient Gas Field Drilling, Charles Dolan

Best Practices for Community and Environmental Protection (October 14)

Presenter: Rich Haut, Houston Advanced Research Center (HARC), for Dr. Charles Dolan, University of Wyoming, Environmentally Friendly Drilling Program

25 slides

Slides: Energy By Design: Possible Bmp For Mitigation Planning, Dave Gann

Best Practices for Community and Environmental Protection (October 14)

Presenter: Dave Gann, The Nature Conservancy

15 slides

Slides: Recommended Best Management Practices For Plants Of Concern: Practices Developed To Reduce The Impacts Of Oil And Gas Development Activities To Plants Of Concern, Brian Kurzel, Colorado Rare Plant Conservation Initiative

Best Practices for Community and Environmental Protection (October 14)

Presenter: Brian Kurzel, Colorado Natural Areas Program (CNAP)

27 slides

Slides: Environmentally Friendly Drilling Systems Program (Efd), Rich Haut

Best Practices for Community and Environmental Protection (October 14)

Presenter: Rich Haut, Houston Advanced Research Center

23 slides

Slides: Innovative Best Practices For The Western Slope: Stormwater Management Solutions And Philosophy For The Oil And Gas Industry, Kyle N. Schildt

Best Practices for Community and Environmental Protection (October 14)

Presenter: Kyle N. Schildt, P.E., LT Environmental, Inc.

12 slides

Slides: Rifle, Silt, New Castle Community Development Plan: A Collaborative Planning Approach To Natural Gas Development, Peggy Utesch

Best Practices for Community and Environmental Protection (October 14)

Presenter: Peggy Utesch, Movin' Forward Consulting

25 slides

Slides: Bmp Project, Kent Kuster

Best Practices for Community and Environmental Protection (October 14)

Presenter: Kent Kuster, Consultation Coordinator, Colorado Department of Public Health and Environment (CDPHE)

17 slides

Slides: Comprehensive Drilling Plans, Dave Neslin

Best Practices for Community and Environmental Protection (October 14)

Presenter: Dave Neslin, Director, Colorado OIl and Gas Conservation Commission (COGCC)

8 slides

Slides: The Use Of Terrestrial Cyanobacteria For The Rehabilitation Of Arid Soils: Not Just Another Good Idea, Timothy Flynn

Best Practices for Community and Environmental Protection (October 14)

Presenter: Dr. Timothy Flynn, Primordial Solutions Inc.

42 slides

Slides: Intermountain Oil And Gas Bmp Project, Kathryn Mutz

Best Practices for Community and Environmental Protection (October 14)

Presenter: Kathryn Mutz, Natural Resources Law Center

19 slides

Slides: Introduction To Constructive Engagement In The Oil And Gas Industry, Susan T. Wildau, Christopher W. Moore

Best Practices for Community and Environmental Protection (October 14)

Presenters: Susan T. Wildau and Christopher W. Moore, CDR Associates (Collaborative Decision Resources), Boulder, CO

22 slides

Greenhouse Gas Regulation In Canada: Constitutional And Policy Dimensions, Shi-Ling Hsu, Robin Elliot

Scholarly Publications

Canada’s greenhouse gas emissions have risen dramatically since the 1997 negotiation of the Kyoto Protocol, and that rise has continued through Canada’s 2002 ratification of the Protocol. Along with economic dislocation, constitutional barriers to regulation have sometimes been cited as the reason for caution in regulating greenhouse gases. This article critically evaluates the constitutional arguments and examines the policy considerations surrounding various regulatory instruments that might be used to reduce greenhouse gases. We conclude that the Canadian constitution does not present any significant barriers to federal or provincial regulation and that policy considerations strongly favour the use of two instruments: …

Land & Water Planning: Another State's Perspective - Water Resources Regional Plan Policies, Kathleen M. Chavez, P.E.

Publications

No abstract provided.