judicial review of administrative action
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Ninth Circuit Court of Appeals Judge Betty Binns Fletcher has profoundly understood and has steadfastly defended the National Environmental Policy Act of 1969 (NEPA) as the nation's fundamental democratic response to respecting the earth and all the inhabitants thereof. For thirty years, she has strictly interpreted the law in accordance with its stated purpose: to achieve harmony between people and nature. This Article explores Fletcher's NEPA jurisprudence, focusing on her singular contribution to resolving the tension between substance and procedure in judicial review. In short, the courts are required to hold federal agencies to a standard of strict compliance with NEPA's procedural provisions, yet not to substitute their judgment for that of executive branch officials on substantiv...
... or conditioning proposed federal actions. Much of the substance of decisions affecting the ... doctrines of judicial review of administrative action and deference to the agency's substantive d...
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... or initiate a civil enforcement action. §1319(a)(3). The resulting civil penalty may n...[and] capricious" under the Administrative Procedure Act (APA), 5 . U. S. C. §706(2)(A), and... Water Act precluded pre-enforcement judicial review of compliance orders and that such preclusi...
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... or initiate a civil enforcement action. §1319(a)(3). The resulting civil penalty may n...[and] capricious" under the Administrative Procedure Act (APA), 5 . U. S. C. §706(2)(A), and... Water Act precluded pre-enforcement judicial review of compliance orders and that such preclusi...
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...HORIZONTAL ALLOCATION A. Judicial Review 1. Chenery 2. Chevron 3. Mead 4. Mead: The ..."Hard Look" Review 7. The Administrative Law of Emergencies B. Structure and Process 1. Age... of expansive judicial review of agency action appeal to legalism. In all of these standard debat...
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... or initiate a civil enforcement action. §1319(a)(3). The resulting civil penalty may n...[and] capricious" under the Administrative Procedure Act (APA), 5 . U. S. C. §706(2)(A), and... Water Act precluded pre-enforcement judicial review of compliance orders and that such preclusi...
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... and contains all of the statutes, judicial decisions, and regulations that govern them. It is... law thus seeks to limit the powers and actions of agencies and to fix their place in our scheme o...When reviewing administrative agency actions, courts ask whether ...
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... or initiate a civil enforcement action. §1319(a)(3). The resulting civil penalty may n...[and] capricious" under the Administrative Procedure Act (APA), 5 . U. S. C. §706(2)(A), and... Water Act precluded pre-enforcement judicial review of compliance orders and that such preclusi...