Author: Richard J. Lazarus
Publisher: Belknap Press
ISBN: 0674238125
Category : Law
Languages : en
Pages : 369
Book Description
A renowned Supreme Court advocate tells the inside story of Massachusetts v. EPA, the landmark case that made it possible for the EPA to regulate greenhouse gasses--from the Bush administration's fierce opposition, to the internecine conflicts among the petitioners, to the razor-thin 5-4 victory.
The Rule of Five
Author: Richard J. Lazarus
Publisher: Belknap Press
ISBN: 0674238125
Category : Law
Languages : en
Pages : 369
Book Description
A renowned Supreme Court advocate tells the inside story of Massachusetts v. EPA, the landmark case that made it possible for the EPA to regulate greenhouse gasses--from the Bush administration's fierce opposition, to the internecine conflicts among the petitioners, to the razor-thin 5-4 victory.
Publisher: Belknap Press
ISBN: 0674238125
Category : Law
Languages : en
Pages : 369
Book Description
A renowned Supreme Court advocate tells the inside story of Massachusetts v. EPA, the landmark case that made it possible for the EPA to regulate greenhouse gasses--from the Bush administration's fierce opposition, to the internecine conflicts among the petitioners, to the razor-thin 5-4 victory.
Massachusetts V. U.S. EPA, Part II
Author: United States. Congress. House. Select Committee on Energy Independence and Global Warming
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 166
Book Description
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 166
Book Description
Massachusetts V. Environmental Protection Agency (2007).
Author: United States. Supreme Court
Publisher:
ISBN:
Category :
Languages : en
Pages : 738
Book Description
Publisher:
ISBN:
Category :
Languages : en
Pages : 738
Book Description
Massachusetts V. U. S. EPA
Author: United States House of Representatives
Publisher:
ISBN: 9781694691460
Category :
Languages : en
Pages : 96
Book Description
Massachusetts v. U.S. EPA: implications of the Supreme Court decision: hearing before the Select Committee on Energy Independence and Global Warming, House of Representatives, One Hundred Tenth Congress, first session, June 8, 2007.
Publisher:
ISBN: 9781694691460
Category :
Languages : en
Pages : 96
Book Description
Massachusetts v. U.S. EPA: implications of the Supreme Court decision: hearing before the Select Committee on Energy Independence and Global Warming, House of Representatives, One Hundred Tenth Congress, first session, June 8, 2007.
Massachusetts V. U.s. Epa
Author: United States Congress
Publisher: Createspace Independent Publishing Platform
ISBN: 9781978172425
Category :
Languages : en
Pages : 162
Book Description
Massachusetts v. U.S. EPA, part II: implications of the Supreme Court decision : hearing before the Select Committee on Energy Independence and Global Warming, House of Representatives, One Hundred Tenth Congress, second session, March 13, 2008.
Publisher: Createspace Independent Publishing Platform
ISBN: 9781978172425
Category :
Languages : en
Pages : 162
Book Description
Massachusetts v. U.S. EPA, part II: implications of the Supreme Court decision : hearing before the Select Committee on Energy Independence and Global Warming, House of Representatives, One Hundred Tenth Congress, second session, March 13, 2008.
Massachusetts V. U.S. EPA
Author: United States. Congress. House. Select Committee on Energy Independence and Global Warming
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 96
Book Description
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 96
Book Description
Massachusetts V. U.S. EPA
Author: United States. Congress
Publisher: Createspace Independent Publishing Platform
ISBN: 9781983584923
Category :
Languages : en
Pages : 94
Book Description
Massachusetts v. U.S. EPA : implications of the Supreme Court decision : hearing before the Select Committee on Energy Independence and Global Warming, House of Representatives, One Hundred Tenth Congress, first session, June 8, 2007.
Publisher: Createspace Independent Publishing Platform
ISBN: 9781983584923
Category :
Languages : en
Pages : 94
Book Description
Massachusetts v. U.S. EPA : implications of the Supreme Court decision : hearing before the Select Committee on Energy Independence and Global Warming, House of Representatives, One Hundred Tenth Congress, first session, June 8, 2007.
Litigating to Regulate
Author: Andrew P. Morriss
Publisher:
ISBN:
Category :
Languages : en
Pages : 18
Book Description
In Massachusetts v. EPA, 127 S.Ct. 1438 (2007), the Supreme Court weakened the rules governing standing and overturned an Environmental Protection Agency decision not to regulate mobile source emissions of greenhouse gases. This article, forthcoming in the Cato Supreme Court Review, critiques both aspects of the Court's decision. The relaxation of standing rules is unfortunate because it makes it easier for interest groups to press for special interest regulation by agencies. In this case, the states that sought to force EPA to regulate were largely ones whose energy consumption is less dependent on hydrocarbon sources than the median, while those supporting the agency were largely more dependent on hydrocarbons for their energy supplies than the median. With respect to the appropriateness of regulation of mobile source greenhouse gas emissions, the Court's opinion ignores the interests created by the structure of the Clean Air Act.
Publisher:
ISBN:
Category :
Languages : en
Pages : 18
Book Description
In Massachusetts v. EPA, 127 S.Ct. 1438 (2007), the Supreme Court weakened the rules governing standing and overturned an Environmental Protection Agency decision not to regulate mobile source emissions of greenhouse gases. This article, forthcoming in the Cato Supreme Court Review, critiques both aspects of the Court's decision. The relaxation of standing rules is unfortunate because it makes it easier for interest groups to press for special interest regulation by agencies. In this case, the states that sought to force EPA to regulate were largely ones whose energy consumption is less dependent on hydrocarbon sources than the median, while those supporting the agency were largely more dependent on hydrocarbons for their energy supplies than the median. With respect to the appropriateness of regulation of mobile source greenhouse gas emissions, the Court's opinion ignores the interests created by the structure of the Clean Air Act.
Massachusetts V. Epa
Author: Jody Freeman
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
In Massachusetts v. Environmental Protection Agency (2007), the Supreme Court held, among other things, that the EPA has statutory authority to regulate greenhouse gases under the Clean Air Act, and that the agency cannot decline to do so on political grounds. We analyze the logic of MA v. EPA and its broader implications for administrative law and regulatory policy. We locate MA v. EPA in the context of the Justices' increasing worries about the politicization of administrative expertise, particularly under the Bush administration. The majority's solution for this worry, we suggest, is a kind of expertise-forcing: the Court attempts to ensure that agencies actually do exercise expert judgment, and that they do so free from outside political pressures, even or especially political pressures emanating from the White House or political appointees in the agencies. Whereas a line of caselaw and commentary stemming from Chevron USA Inc. v. Natural Resources Defense Council sees presidential politics and expertise as complementary, expertise-forcing has its roots in an older vision of administrative law, one in which presidential politics and expertise are fundamentally antagonistic. Because the Court subjects the denial of a rulemaking petition to hard look review, we suggest that MA v. EPA is State Farm for a new generation.
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
In Massachusetts v. Environmental Protection Agency (2007), the Supreme Court held, among other things, that the EPA has statutory authority to regulate greenhouse gases under the Clean Air Act, and that the agency cannot decline to do so on political grounds. We analyze the logic of MA v. EPA and its broader implications for administrative law and regulatory policy. We locate MA v. EPA in the context of the Justices' increasing worries about the politicization of administrative expertise, particularly under the Bush administration. The majority's solution for this worry, we suggest, is a kind of expertise-forcing: the Court attempts to ensure that agencies actually do exercise expert judgment, and that they do so free from outside political pressures, even or especially political pressures emanating from the White House or political appointees in the agencies. Whereas a line of caselaw and commentary stemming from Chevron USA Inc. v. Natural Resources Defense Council sees presidential politics and expertise as complementary, expertise-forcing has its roots in an older vision of administrative law, one in which presidential politics and expertise are fundamentally antagonistic. Because the Court subjects the denial of a rulemaking petition to hard look review, we suggest that MA v. EPA is State Farm for a new generation.
Massachusetts v. EPA
Author: Kathryn A. Watts
Publisher:
ISBN:
Category :
Languages : en
Pages : 17
Book Description
In this essay, we consider the long-term legal significance of the Supreme Court's decision in Massachusetts v. EPA, concluding that the case is likely to have a significant impact on two doctrinal areas of the law: (1) the standing of states; and (2) the standard of review applied to denials of petitions for rulemaking. First, although we have some questions about the Court's reasoning, we are encouraged to see the beginning of a framework for evaluating state standing based on the interest of the state in the litigation. Second, with respect to judicial review of agency inaction in the rulemaking context, the Court's decision breaks new ground by not only confirming the reviewability of an agency's denial of a rulemaking petition but also by closely scrutinizing the reasons that the EPA offered for its decision to decline to regulate. We argue that when added together, these two doctrinal developments result in an interesting mix. States are left in a relatively powerful position vis-agrave;-vis federal agencies in terms of their ability both to file suits against agencies and to seek fairly exacting judicial review of the agency's reasons for declining to regulate. Although a twist on common perceptions about this case, fans of states' rights ought to be quite pleased.
Publisher:
ISBN:
Category :
Languages : en
Pages : 17
Book Description
In this essay, we consider the long-term legal significance of the Supreme Court's decision in Massachusetts v. EPA, concluding that the case is likely to have a significant impact on two doctrinal areas of the law: (1) the standing of states; and (2) the standard of review applied to denials of petitions for rulemaking. First, although we have some questions about the Court's reasoning, we are encouraged to see the beginning of a framework for evaluating state standing based on the interest of the state in the litigation. Second, with respect to judicial review of agency inaction in the rulemaking context, the Court's decision breaks new ground by not only confirming the reviewability of an agency's denial of a rulemaking petition but also by closely scrutinizing the reasons that the EPA offered for its decision to decline to regulate. We argue that when added together, these two doctrinal developments result in an interesting mix. States are left in a relatively powerful position vis-agrave;-vis federal agencies in terms of their ability both to file suits against agencies and to seek fairly exacting judicial review of the agency's reasons for declining to regulate. Although a twist on common perceptions about this case, fans of states' rights ought to be quite pleased.