By Laura Myron Cite as: Laura Myron, Chevron Deference and Interpretive Authority After City of Arlington v. FCC, 38 Harv. Envtl. L. Rev. 479 (2014) [btn link="http://harvardelr.wpengine.com/wp-content/uploads/sites/12/2014/08/Myron.pdf" color="forestGreen" size="size-l"]View Full Article (PDF)[/btn] … [Read more...] about Chevron Deference and Interpretive Authority After City of Arlington v. FCC
By Gabriel Daly -- Nov. 7, 2013 at 12:10pm If an agency uses cost-benefit analysis (CBA) to inform its decision-making, what costs and what benefits should it consider? A case currently before the D.C. Circuit, White Stallion Energy Center, LLC v. EPA, raises this issue. White Stallion suggests a tension between the incentives created by Office of Information and Regulatory … [Read more...] about A New Cost of Cost-Benefit Analysis?
By Meg Holden -- Oct. 30, 2013 at 3:42pm If you’ve been reading the ELR blog, you might also be interested to know that all of our articles from Volume 37.2 are now available in print and on our website! One article, Administrative Proxies for Judicial Review: Building Legitimacy from the Inside-Out, by Emily Hammond and David Markell, recently received a favorable review in … [Read more...] about ELR Article Receives Praise in JOTWELL
By David Baake -- Aug. 27, 2013 at 5:43pm If you prefer blog posts that begin by paraphrasing a Mark Twain quote, prepare to be disappointed. This blog post is about Chevron’s “major questions exception,” and reports of its death appear to have been entirely accurate. As most readers will be aware, Chevron U.S.A., Inc. v. NRDC (1984) established the framework for judicial … [Read more...] about Obituary: Chevron’s “Major Questions Exception”
By Emily Hammond and David L. Markell Judicial review is considered an indispensible legitimizer of the administrative state. Not only is it a hallmark feature of the Administrative Procedure Act (“APA”), but the various standards of review reinforce democratic norms, promote accountability, and act as a check against arbitrariness. Unreviewable agency actions, therefore, must … [Read more...] about Administrative Proxies for Judicial Review: Building Legitimacy from the Inside-Out