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

By Daniel Farber, Roger Findley

Findley and Farber's Environmental legislations in a Nutshell offers a starting place for realizing environmental legislations. professional textual content comprises assurance of assorted parts, from acid rain and atomic power, to waste disposal and wetlands. Touches upon the numerous statutory and common-law rules shaping the area within which we are living.

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Thus, giving deference to the agency's view serves the purpose of expediting compliance with the law. The Supreme Court has also emphasized an additional reason for deferring to administrative agencies on statutory interpretation issues. , Inc. v. S. 837 (1984), which is discussed in greater detail in Chapter 3, the Court stressed that policy choices should be made by the political branches of government, rather than the courts. Where Congress has delegated regulatory authority to an administrative agency, that agency should decide upon public policy in the area, not federal judges.

In applying this test, the Court reviewed the record in great detail before upholding the agency decision. Thus, the Court's embrace of the “arbitrary and capricious” test does not free the agency's decision from serious scrutiny on review. 2.

Nevertheless, in most cases the “federal” requirement poses little difficulty. The second requirement, that the project be “major,” has proved to pose few problems. ” In any event, neither of the first two requirements poses serious conceptual problems, although there are problems of line-drawing. The final requirement, “significant environmental impact,” is analytically more difficult. It poses two questions. First, what counts as an “environmental” impact? Second, when is such an impact “significant”?

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