Administrative Law Commons^™

On The Constitutional Status Of The Administrative Agencies, Harold H. Bruff

Publications

No abstract provided.

A New Approach To Review Of Nepa Findings Of No Significant Impact, Geoffrey Garver

Michigan Law Review

This Note examines the confused array of judicial approaches for reviewing agency findings of no significant environmental impact and proposes a standardized, comprehensive approach that ensures compliance with both the procedural and substantive aspects of NEPA. Part I reviews agency procedures mandated by NEPA which ensure that agencies develop a detailed record for judicial scrutiny and constitute the legal basis against which to check agency threshold decisions. Part II examines the conflicting approaches of the lower courts, emphasizing their reliance on Supreme Court decisions, their characterization of the threshold decision as legal or factual, and the burden of proof each …

Review On The Administrative Record In Cercla Actions And Settlement Policy Summary, Stephen D. Ramsey

Getting a Handle on Hazardous Waste Control (Summer Conference, June 9-10)

50 pages.

Contains references.

Taking A Byte Out Of Abusive Agency Discretion: A Proposal For Disclosure In The Use Of Computer Models, John P. Barker

University of Michigan Journal of Law Reform

This Note examines the need for comprehensive requirements for the release of information pertaining to the use of computer-generated simulations used by federal administrative agencies or parties appearing before regulatory bodies. Part I of this Note defines computer models, identifies some of their current uses in administrative proceedings and describes the advantages of these models. Part II reviews the current requirements for documentation of computer models and the judicial review standards for agency findings. Part III examines the potential problems in the use of models and discusses the need for more adequate disclosure. Part IV describes several tests for verifying …

The Delegation Doctrine: Could The Court Give It Substance?, David Schoenbrod

Michigan Law Review

Part I of this Article demonstrates the need for a new approach to the delegation doctrine. It shows that the Court has failed to articulate a coherent test of improper delegation and that the alternative tests offered by commentators are not sufficient. Part II then sets forth a proposed test of improper delegation. The basic principles of an approach prohibiting delegations of legislative power are outlined and illustrated. This Article does not, however, attempt anything so grand as to suggest a final definition of the doctrine or to pass broadly on the validity of statutes. Such an encompassing analysis is …

The West German Administrative Procedure Act: A Study In Administrative Decision Making, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Withdrawals Of Public Lands Under The Federal Land Policy And Management Act, David H. Getches

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

17 pages.

Wilderness And The Public Lands, John D. Leshy

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

18 pages (includes chart).

Agenda: The Federal Land Policy And Management Act, University Of Colorado Boulder. Natural Resources Law Center

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

Conference organizers and/or faculty included University of Colorado School of Law professors James N. Corbridge, Lawrence J. MacDonnell, David H. Getches and Charles F. Wilkinson.

This important piece of legislation, passed by Congress in 1976 following many years of extensive study and debate, directs the activities of the nation's major land manager--the Bureau of Land Management. The FLPMA conference will bring together a distinguished group of experts to review the law itself, to consider the effectiveness with which it has been implemented, and to discuss the key issues which have arisen under its implementation.

Does Nepa Require An Impact Statement On Inaction?, Michigan Law Review

Michigan Law Review

This Note considers the question of whether NEPA requires an EIS in cases of official refusal to exercise discretionary agency authority. Part I develops the competing theories for resolving this question. The current judicial attitude, which has excluded important cases with far-reaching environmental effects from the EIS requirement, plainly frustrates the statute's procedural purposes. Regulations promulgated by the Council on Environmental Quality define "major federal action" to include the failure to act under certain circumstances, and offer one alternative to the current approach. But the regulations condition the classification of inaction as action upon reviewability under the Administrative Procedures Act, …

Teaching Administrative Law: The Wonder Of The Unknown, Peter L. Strauss

Faculty Scholarship

Sunday, March 7, 1982

Dear Roger:

You would have enjoyed being among the hundred-odd administrative law teachers and hangers-on who met this past weekend for the AALS Workshop on Administrative Law, organized by Ernest Gellhorn of Virginia, [now dean at Case Western]. Perhaps it was the plane ride home, when I had a chance to read Frank Easterbrook's short but very elegant use of Arrow's Theorem in a recent Harvard Law Review; or perhaps it is just a goodnight's sleep, home away from the sybaritic pleasures of New Orleans, and knowing my dean will want a justification in terms …

Marbury And The Administrative State, Henry Paul Monaghan

Faculty Scholarship

Marbury v. Madison's prominence as a constitutional decision has long deflected interest in examining its other implications. But prior to proclaiming judicial competence to invalidate an act of Congress, the Court sustained judicial authority to enforce the specific statutory duties of administrative officials. Had the doctrine of separation of powers been understood from the beginning to bar any judicial control of administrative power, the constitutional scheme would have gone seriously awry at the outset. Congressional directives either would have been subordinated to the will of the executive department or would have generated collateral and unseemly struggles between the two …

Eis Supplements For Improperly Completed Projects: A Logical Extension Of Judicial Review Under Nepa, Michigan Law Review

Michigan Law Review

This Note argues that the private cause of action under NEPA retains its utility despite the completion of the project sued upon. Part I describes the procedural implementation of the policy concerns underlying NEPA through the EIS process for proposed actions, and the EIS supplementation process for project changes made after the original EIS has been prepared. Part II examines current law applicable to projects completed in violation of NEPA and concludes that the denial of post-completion relief conflicts with the underlying goals of NEPA. Part III analyzes extension of relief to completed projects, and proposes court-ordered EIS supplementation for …

Interest Representation And The Federal Land Policy And Management Act, Michigan Law Review

Michigan Law Review

The role of the BLM under the FLPMA, this Note argues, is accurately captured in the "interest representation" model of administrative law; judicial review under this model serves to vindicate the "participation rights" of parties interested in public lands management. Part I places the FLPMA in the context of other recent congressional reform efforts and attempts to justify heightened judicial scrutiny of the BLM's activities. To protect citizens' participation rights, it concludes, courts should recognize a limited right to initiate the planning and management provisions of the FLPMA. The Act, in other words, should be interpreted to comprehend "agenda forcing" …

Judicial Review And The President's Statutory Powers, Harold H. Bruff

Publications

No abstract provided.

Regulatory Reform In A Time Of Transition, Peter L. Strauss

Faculty Scholarship

As Americans have become both disheartened at the performance of their governments and conscious of their penetration into what were once private lives, regulatory reform has been urged with increasing fervor at both federal and state levels. Some of the reform talk is lawyer's talk, some of it is directed to the most fundamental aspects of the government order, and there is a good bit in between. My purpose here is to examine a number of the directions being suggested at the federal level for regulatory reform during the coming decade. While it would be helpful also to consider state …

The Mineral Leasing Act Of 1920, Patrick H. Martin

Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)

39 pages (includes sample forms).

Pages M-26; M-36; M-38; and M-40 do not contain pagination or content, and were not scanned.

Contains references (page M-1).

Legislative Delegations Of Power And Judicial Review -- Preventing Judicial Impotence, Robert W. Martin, Jr.

Florida State University Law Review

No abstract provided.

Administrative Law: Procedural Due Process And Other Issues, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

A Hard Look At Vermont Yankee: Environmental Law Under Close Scrutiny, William H. Rodgers, Jr.

Articles

In Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc. the Supreme Court unanimously reversed the District of Columbia Circuit in two cases that closely scrutinized decisions of the Nuclear Regulatory Commission and, in so doing, questioned settled habits of judicial review of administrative action affecting the environment. In this article Professor Rodgers analyzes four implications of Vermont Yankee—substantive judicial review under the National Environmental Policy Act, judicial imposition of procedures upon agencies beyond the statutory minima of the Administrative Procedure Act, the obligation of the agencies to consider alternatives in the environmental impact statement without regard to …

The Standard Of Injury In The Resolution Of Antidumping Disputes, Edward J. Krauland

Michigan Journal of International Law

When a private party files a dumping complaint, the Antidumping Act of 1921 provides a two-step procedure for examining an alleged infraction by a foreign exporter. First, the Department of the Treasury must determine if imports are being marketed within the United States at less than fair value (hereinafter LTFV). If Treasury makes an affirmative determination, the International Trade Commission (ITC) must then determine if a United States industry is being injured, is likely to be injured, or is prevented from being established by reason of the LTFV sales. If any of these forms of injury is found, an antidumping …

The University Visitor, William Ricquier

Dalhousie Law Journal

Despite having provided, in Doctor Bentley's case, 2 one of the seminal cases concerning the right to be heard, it would be an exaggeration to say that the university as an institution has played a major role in the emergence of a developed system of administrative law. There are a number of reasons for this. Generally, it must be observed that only in comparatively recent times has there been such a system, and that, either as a part of such a development, or as a result of it, the courts have only recently extended the scope of judicial review from …

Delay In Review Of Initial Decisions: The Case For Giving More Finality To The Findings Of Fact Of The Administrative Law Judge*, George Ernest Marzloff

Washington and Lee Law Review

No abstract provided.

Recent Developments In Nova Scotian Administrative Law, David J. Mullan

Dalhousie Law Journal

In 1976, in the first of these surveys, I dealt exclusively with Nova Scotia decisions involving the substantive grounds of judicial review - jurisdictional error, error of law on the face of the record and breach of the rules of natural justice.' Remedies were scarcely mentioned for the very good reason that in the period then under review there were few, if any cases, raising important remedial problems. Now, just over a year later, the situation is the reverse. Most of the interesting judicial review cases of the last eighteen months in Nova Scotia have been ones involving remedial problems. …

The Scope Of Judicial Review In French Administrative Law, George A. Bermann

Faculty Scholarship

The arguments that may be raised in support of a claim of abuse of discretion must go to the legality, not just the wisdom or advisability, of administrative action. Though the judge is responsible for seeing to it that the government acts in conformity with law, he may not put himself in its place or interfere in its functioning. His job is not to determine whether in a given case a certain administrative official ought to have acted and, if so, in one particular way. He has neither the means nor the materials for judgments of this sort, nor does …

Judicial Law Making And Administration, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Recent Developments In Nova Scotian Administrative Law, David J. Mullan

Dalhousie Law Journal

Unlike a number of the subject areas covered by this symposium, Administrative Law in a Nova Scotia context has been much written about in the last three years. There have been two conferences on judicial review of administrative action sponsored by the Dalhousie University Law School Public Services Committee. Many of the papers appearing in the proceedings of those conferences have a distinctly Nova Scotian flavour. Indeed, the 1975 "University and the Law" Conference sponsored by the same Committee also featured a number of papers with a Nova Scotia Administrative Law bent,4 albeit of a much more specialized kind. Then …

Administrative Procedure--Judicial Review--Abolition Of Extraordinary Writs, Roy V. Creasy

West Virginia Law Review

No abstract provided.

Federal Employee Is Entitled To Trial De Novo On Employment Discrimination Claim And Not Merely Judicial Review Of Agency Record. Hackley V. Roudebush, 520 F.2d 108 (D.C. Cir. 1975)., James C. Mcmahon, Jr.

Fordham Urban Law Journal

Ralph Hackley, an African American, was employed as an investigator within the Veteran Administration's Investigation and Security Service Division. He had served for one year at the GS-12 level when he was denied promotion. Hackley complained that this denial was based solely upon his race. The charge was investigated and he was afforded a hearing before a complaints examiner, who ruled that there had been no discrimination. This finding was adopted by the Veteran's Administration. Upon appeal, the Board of Appeals and Review of the Civil Service Commission affirmed. Having thus exhausted his administrative remedies, plaintiff commenced a civil action …

Yonge V. Askew, 293 So. 2d 395 (Fla. 1st Dist. Ct. App. 1974), Florida State University Law Review

Florida State University Law Review

Administrative Law- JUDICIAL REVIEW- REPORTS OF STATE AGENCIES CONSTITUTE COMPETENT SUBSTANTIAL EVIDENCE TO SUPPORT DENIAL OF DREDGE AND FILL PERMIT APPLICATION EVEN THOUGH REPORTING AGENCY HAS NO JURISDICTION OVER PROPOSED PROJECT.