Environmental Law

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Updating Deference: The Court’s 2001-2002 Term Sows More Confusion About Chevron, Environmental Law Reporter (2002)

The U.S. Supreme Court's Chevron, U.S.A., Inc. v Natural Resources Defense Council, Inc. decision has...

 

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United States v. Mead: Complicating the Delegation Dance, Environmental Law Reporter (2001)

On June 18, 2001, the U.S. Supreme Court decided United States v. Mead Corp., the...

 

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Envirocare v. NRC Increases Agency Discretion to Deny Administrative Intervention: Right Result--Wrong Reason, Environmental Law Reporter (2000)

The law of standing to intervene in administrative proceedings has long been something of a...

 

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Accidental Release Prevention Requirements: Risk Management Plans Under the Clean Air Act Section 112(R)(7), Environmental Lawyer (1997)

The 1990 amendments to the Clean Air Act (CAA or “the Act”) created section 112(r)...

 

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Deference Revisited: Politics as a Determinant of Deference Doctrine and the End of the Apparent Chevron Consensus, Nebraska Law Review (1989)

This review supports the following conclusions. First, the seminal decisions, which dominated deference doctrine for...

 

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A Plea for Reason and Responsibility in Nuclear Energy Policy, University of Cincinnati Law Review (1988)

Reviewing Joseph P. Tomain, Nuclear Power Transformation (1987).

‘A few seconds after 4 o'clock on...

 

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Citizen Litigation Under the Clean Water Act: The Second Circuit Renews Its Leadership Role in Environmental Law, Brooklyn Law Review (1986)

With its recent decision in Friends of the Earth v. Consolidated Rail Corporation, the Second...

 

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Psychological Harm After Pane: NEPA's Requirement to Consider Psychological Damage, Harvard Environmental Law Review (1984)

This article will examine the scope of federal responsibility to consider the probable psychological health...

 

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Nuclear Energy, America's States: A Citizens Agenda (1983)
 

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State and Local Government Authority to Ban or Regulate Nuclear Reactors for the Purpose of Protecting Psychological Health, Dickinson Law Review (1983)

On May 24, 1982, in People Against Nuclear Energy (PANE) v. U.S. Nuclear Regulatory Commission...

 

Administrative Law

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Administrative Law : Cases and Materials (with Charles H. Koch and Richard W. Murphy) (2010)

The goals of the administrative process.
Introduction to agency decision making.
Matching the...

 

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Chevron and Hearing Rights: An Unintended Combination, Administrative Law Review (2009)

Section 554(a) of the Administrative Procedure Act provides that if a statute requires an agency...

 

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News from the Circuits, Administrative & Regulatory Law News (2009)

9th Circuit Corrals Nationwide ADA Injunction Founded on Agency Interpretation. United States v. AMC Entertainment,...

 

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News from the Circuits, Administrative & Regulatory Law News (2009)

D.C. Circuit Splits Constitutionality of Accounting Oversight Board. Free Enterprise Fund v. Public Company Accounting...

 

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News from the Circuits, Administrative & Regulatory Law News (2008)

D.C. Circuit – Clean Air Act’s State-by-State Text Trumps EPA’s Regional Solution. North Carolina v....

 

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News from the Circuits, Administrative & Regulatory Law News (2008)

D.C. and 9th Circuits Consider FOIA Exemption 6 — Personal Privacy. Multi AG Media LLC...

 

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News from the Circuits, Administrative & Regulatory Law News (2008)

5th Circuit Validates Preemption Based on Agency Informal Statements. O’Hara v. General Motors Corp., 508...

 

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News from the Circuits, Administrative & Regulartory Law News (2008)

5th Circuit: Standing for States but no Deference for Interior Under IGRA. Seminole Tribe of...

 

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News from the Circuits, Administrative & Regulatory Law News (2007)

6th Circuit: Journalists & Attorneys Lack Standing to Challenge Warrantless Surveillance. American Civil Liberties Union...

 

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News from the Circuits, Administrative & Regulatory Law News (2007)

9th Circuit: No Chevron Deference for Commerce’s Flawed Dolphin Study. Earth Island Institute v. Hogarth,...

 

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News from the Circuits, Administrative & Regulatory Law News (2007)

9th Circuit Holds Draft Policy Statement Reviewable as Final Agency Action. Animal Legal Defense Fund...

 

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News from the Circuits, Administrative & Regulatory Law News (2007)

9th Circuit Panel Divides on Meaning of Final Action. Oregon Natural Desert Association v. U.S....

 

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News from the Circuits, Administrative & Regulatory Law News (2006)

D.C. Circuit Denies Review of NHTSA Guideline Letter. Center for Auto Safety v. National Highway...

 

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News from the Circuits, Administrative & Regulatory Law News (2006)

1st Circuit Abandons Hearing on the Record Presumption. Seacoast Anti-Pollution League v. Costle, 572 F.2d...

 

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News from the Circuits, Administrative & Regulatory Law News (2006)

Seventh Circuit slams Immigration Adjudications. Benslimane v. Gonzales, 430 F.3d 828 (7th Cir., 2005).

Four...

 

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News from the Circuits, Administrative & Regulatory Law News (2006)

Decisions Applying Brand X Reveal New Chevron Complexities. National Cable & Telecommunications Ass’n v. Brand...

 

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News from the Circuits, Administrative & Regulatory Law News (2005)

D.C. Circuit Panel Battles over Congressmen’s Standing to Challenge FEC Rules. Shays v.FEC, 414 F.3d...

 

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News from the Circuits, Administrative & Regulatory Law News (2005)

FACA: D.C. Circuit Dilutes While 9th Circuit Signals Possible End to Some Claims. Cheney v.U.S....

 

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News from the Circuits, Administrative & Regulatory Law News (2005)

First Circuit Emphasizes Flexibility of APA Sec. 556. Citizens Awareness Network, Inc. v. United States,...

 

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News from the Circuits, Administrative & Regulatory Law News (2005)

Standing: Critters lose (but the door’s still open), while organizations may have a new opening...

 

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News from the Circuits, Administrative & Regulatory Law News (2004)

When is an Agency Statement an Interpretive Rule? Independent Equip. Dealers Ass’n v.EPA,372 F.3d 420...

 

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News from the Circuits, Administrative & Regulatory Law News (2004)

Ninth Circuit Surveys Administrative Law in Rejecting Ashcroft’s Attempt to Stifle Oregon’s Death With Dignity...

 

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News from the Circuits, Administrative & Regulatory Law News (2004)

Rulemaking: Two circuits stymie Bush Administration attempts to derail regulatory efforts of previous administrations. NRDC...

 

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News from the Circuits, Administrative & Regulatory Law News (2004)

When does Chevron apply? If it doesn’t, what is the nature of Skidmore deference? BCCA...

 

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News from the Circuits, Administrative & Regulatory Law News (2003)

Of Carts and Horses: Eleventh Circuit finds EPA administrative orders unreviewable by holding them unconstitutional....

 

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News from the Circuits, Administrative & Regulatory Law News (2003)

ALJ Disqualification, Duties, and Credibility Rulings. Lowry v. Barnhart, 2003 WL 21107293 (9th Cir., May...

 

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News from the Circuits, Administrative & Regulatory Law News (2003)

Federal Circuit Reinstates Veterans Preference. Meeker v. Merit Systems Protection Board, – F.3d –, 2003...

 

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News from the Circuits, Administrative & Regulatory Law News (2002)

Seventh Circuit holds EPA Clean Air Act compliance order is not final agency action. Acker...

 

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Judicial Review of Informal Statutory Interpretations: The Answer is Chevron Step Two, not Christensen or Mead, Administrative Law Review (2002)

The U.S. Supreme Court has taken the wrong approach to review of informal statutory interpretations...

 

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News from the Circuits, Administrative & Regulatory Law News (2002)

Agency Amicus Brief Denied Chevron Deference. Matz v. Household International Tax Reduction Investment Plan, 265...

 

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Judges, Ideology, and Policy in the Administrative State: Lessons from a Decade of Hard Look Remands of EPA Rules, Administrative Law Review (2001)

In this Article, I report on an empirical examination of this question. My purpose is...

 

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Judicial Review (with Jim Rossi and Mark Seidenfeld), Developments in Administrative Law and Regulatory Practice (2000)
 

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Ossification Revisited: Does Arbitrary and Capricious Review Significantly Interfere with Agency Ability to Achieve Regulatory Goals Through Informal Rulemaking?, Northwestern University Law Review (2000)

Part I of this Article reviews the problem of rulemaking ossification, the assertions that hard...

 

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Judicial Review (with Mark Seidenfeld), Developments in Administrative Law and Regulatory Practice (1999)
 

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Administrative Law and Government Action: The Courts and Alternative Mechanisms of Review, Journal of Legal Education (1996)

Reviewing Genevra Richardson and Hazel Genn, eds., Administrative Law and Government Action: The Courts and...

 

Statutory Interpretation

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Legislative History and Statutory Interpretation: The Relevance of English Practice, University of San Francisco Law Review (1994)

THE LAST DECADE has seen a remarkable change in the Supreme Court's willingness to refer...

 

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Justice David Souter and Statutory Interpretation, University of Toledo Law Review (1991)

The author of this article examines the opinions written by Justice David Souter while he...

 

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Clearing and Trade Execution Requirements for OTC Derivatives Swaps Under the Frank-Dodd Wall Street Reform and Consumer Protection Act, forthcoming (2010)

This paper examines Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act...