By Daniel Farber, Roger Findley

ISBN-10: 0314233563

ISBN-13: 9780314233561

Findley and Farber's Environmental legislations in a Nutshell presents a starting place for figuring out environmental legislations. professional textual content comprises insurance of assorted parts, from acid rain and atomic power, to waste disposal and wetlands. Touches upon the numerous statutory and common-law laws shaping the realm during which we are living.

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The third category of administrative action consists of a vast number of government decisions that neither impose sanctions on individuals, grant licenses to them, nor impose rules governing future conduct. The APA does not specify any procedures for these actions. The extent of judicial review generally depends on the kind of issues involved in the case. In particular, it is useful to distinguish between issues relating to pure questions of law, issues involving the factual basis for the agency's action, and issues relating to the agency's procedures.

This has become known as the “hard look” approach. Thus, agencies may face intensive judicial scrutiny of their factual determinations. Yet courts have not forgotten that many of these determinations involve highly technical matters with which judges have little familiarity. ” Judges sometimes have felt uncomfortable about attempting to assess an agency's technical judgment on factual issues. C. Circuit, imposed procedural requirements on some administrative agencies beyond those contained in the APA.

Standing doctrine continues to meander. Two years after Massachusetts v. EPA, Justice Scalia had the chance to write his first majority opinion on standing since Lujan. Summers v. Earth Island Institute1 involved a suit by an organization challenging the Forest Service's procedures for conducting salvage timber sales. The procedures were allegedly in blatant violation of the governing statute. The case had begun with a dispute over a specific parcel, which became moot. The Ninth Circuit held, however, that the organization could still challenge the Forest Service's regulations because they applied to many other sites.

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Environmental Law in a Nutshell, 8th by Daniel Farber, Roger Findley


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