Download or read book Judicial Review Under NEPA written by Richard A. Liroff and published by . This book was released on 1980 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The NEPA Litigation Guide written by Albert M. Ferlo and published by American Bar Association. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The National Environmental Policy Act (NEPA) introduced the environmental impact statement, transformed decision making by federal agencies, and spurred the growth of an extensive body of environmental law. This book takes a close look at the litigation of NEPA cases, including jurisdiction and related issues, standard and scope of judicial review, and the specific concerns of litigators. It identifies key NEPA issues and offers solutions to the challenges faced in practice, including climate change and its relationship to the NEPA process.
Download or read book NEPA in the Courts written by Frederick R. Anderson and published by Johns Hopkins University Press. This book was released on 1973 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Review Under NEPA written by Richard A. Liroff and published by . This book was released on 1980 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book NEPA Law and Litigation written by Daniel R. Mandelker and published by . This book was released on 1984 with total page 1136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Presidential Politics and Judicial Review written by Robert L. Glicksman and published by . This book was released on 2017 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Article assesses the impact of judicial review on one of the nation's foundational environmental statutes, the National Environmental Policy Act (NEPA). Based on litigation spanning fifteen years, we find that the stringency of judicial review is driven by the interaction of judicial ideology and presidential politics. Our principal findings are two-fold: First, judicial ideology, here defined by political party affiliation, is most influential when NEPA's environmental goals conflict with the politics of the presidential administration in power. Second, the influence of judicial ideology is mediated by the distribution of cases across federal circuits and the ideological balance of judges within them; specifically, the concentration of NEPA cases in the Ninth Circuit, where liberal appellate judges are in the majority. Under well-defined conditions, we find that judicial review is most demanding when the risk of statutory subversion is greatest -- that is, when the politics of an administration conflict with the purpose of the governing statute.The normative and practical implications of these observations are illustrated by comparing NEPA with the expanding array of legal mandates that prescribe elaborate economic cost-benefit analyses. Most recently, the Trump Administration has issued a raft of executive orders and Congress is considering new legislation that augment the economic reviews required under existing laws and regulations. Understanding the interplay between presidential politics and judicial review provides new grounds for concern that, unlike NEPA, the pending statutes will seriously disrupt and delay agency decision-making processes. Further empirical study of judicial review under a range of statutes is needed to determine how broadly our findings apply to judicial review of agency action across the federal government.
Download or read book Scherr V Volpe written by and published by . This book was released on 1972 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The National Environmental Policy Act written by Matthew J. Ph. D. Lindstrom and published by Texas A&M University Press. This book was released on 2008-04-11 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental degradation and the compromised integrity of the earth's ecological system were growing public concerns in the mid to late 1960s. These issues spurred Congress to pass the National Environmental Policy Act of 1969 (NEPA), the first law to focus such environmental concerns into a comprehensive national policy. The new legislation encompassed an array of environmental values and ethics, as well as administrative tools to achieve the ecological goals of the nation while taking into account other important societal needs. Though NEPA has had a positive effect on U.S. environmental policy and the national quality of life, this challenging new book shows how federal courts and agencies have failed to implement many of the values and goals fundamental to the success of NEPA. To explain this divergence, authors Matthew J. Lindstrom and Zachary A. Smith examine NEPA's origins, address how NEPA has been implemented and enforced, and highlight the shortcomings of its practice. Lindstrom and Smith strongly argue that if NEPA were fully and properly implemented, it would prove to be a valuable and realistic tool for balancing the needs of the world population and the protection of the earth's environment. They offer a new, hopeful look at how the law's structure can be properly utilized in order to give future generations hope of living on a sustainable planet. This book is well suited for audiences interested in public policy formation and implementation, especially environmental policy administrators, environmental historians, and those involved in environmental law, its policy, and its politics.
Download or read book Administrative and Judicial Review of NEPA Decisions written by Audrey Bixler and published by . This book was released on 2016 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book NEPA lessons learned and next steps oversight hearing before the Committee on Resources U S House of Representatives One Hundred Ninth Congress first session Thursday November 17 2005 written by United States. Congress. House. Committee on Resources. Task Force on Updating the National Environmental Policy Act and published by . This book was released on 2006 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Land Management Review Act of 1989 written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Courts and Administrative Practice and published by . This book was released on 1990 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Guide to the National Environmental Policy Act written by Valerie M. Fogleman and published by Praeger. This book was released on 1990-10-17 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a practical reference and guide to compliance with the National Environmental Policy Act (NEPA). The author presents a comprehensive legal analysis of the statute itself, its implementing regulations, and the hundreds of interpretive judicial decisions, drawing them together in a clear, organized and readable format. The volume also includes an analysis of issues frequently raised in NEPA litigation, a review of every aspect of NEPA law developed during the years since its enactment, and a comparison of key state statutes with NEPA.
Download or read book NEPA in the Hot Seat written by Aliza Michelle Cohen and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial deference under NEPA can be problematic. It is well-established rule of administrative law that courts will grant a high degree of deference to agency decisions. They do this out of respect for agency expertise and policy judgment. This deference is applied to NEPA lawsuits without acknowledgment of the special pressures that agencies face while assessing the environmental impacts of their own projects. Though there is a strong argument that these pressures undermine the reasons for deferential review, neither the statute nor the courts have provided plaintiffs with adequate means to remedy this problem. Both agency pressure and environmental harms are often amplified in the context of climate change and can lead to absurd results that are scientifically questionable, counter to NEPA's expressive environmental policy, or both. In light of both the current deficiencies in interpretation and application of the law and the pressing issue of global warming, the time is ripe for reforms that will ensure that agency decisions reflect NEPA's expressive purpose and are, at the very least, supported by honest science. Part I of this paper will provide an overview of global warming and the relevant statutes - NEPA (the National Environmental Policy Act) and the APA (Administrative Procedure Act). Part II will address NEPA's role in the climate change debate, including the characteristics that make it appealing, those that make it confusing, and those that make it largely ineffective. Part II will conclude that NEPA's expressive characteristics become more important in light of climate change and necessitate strengthening the EIS procedures, despite difficulty in achieving substantive results. Part III proposes an external office to address NEPA's shortcomings by providing higher level of scientific review for agency analyses under NEPA. This proposed review grants the wide deference for policy judgments that the administrative state requires, while acknowledging the places where an agency may not be in the best position to adjudge the veracity of the environmental impacts of its own projects. Part IV concludes.
Download or read book Environmental Impact Assessment NEPA National Environmental Policy Act and Related Requirements written by and published by . This book was released on 2009 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book NEPA Law and Litigation written by Daniel R. Mandelker and published by West Group. This book was released on 1992-01-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Environmental Law Environmental decisionmaking and NEPA written by Jackson B. Battle and published by . This book was released on 1986 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: This three-volume set focuses on environmental decisionmaking and NEPA, water pollution, hazardous wastes and air pollution.
Download or read book National Environmental Policy Act NEPA Ecosystem Analysis and Environmental Impact Assessment written by and published by . This book was released on 1995 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:
