skip to main content

Administrative Sovereignty: Expanding the Scope of Federal Agency Enforcement Powers in Alaska v. Environmental Protection Agency

Joshua Hill

J. NAALJ, Vol.25 pp.269-611, 2005

Texto completo disponível

Citações Citado por
  • Título:
    Administrative Sovereignty: Expanding the Scope of Federal Agency Enforcement Powers in Alaska v. Environmental Protection Agency
  • Autor: Joshua Hill
  • Assuntos: Congressionally; Administrative; Reasonableness; Determination; Environmental; Invalidation; Invalidating; Installation; Conservation; Introduction; Administrative Law; Civil Procedure; Constitutional Law; Criminal Law & Procedure; Energy & Utilities Law; Environmental Law; Governments; Labor & Employment Law; Military & Veterans Law; Torts; Transportation Law
  • É parte de: J. NAALJ, Vol.25 pp.269-611, 2005
  • Descrição: ... In 1996, Teck Cominco Alaska, Inc. (Cominco) commenced an expansion of one of its zinc mine holdings in rural Alaska. ... " ADEC and Cominco appealed the Ninth Circuit's findings, alleging that EPA's actions were arbitrary and capricious since the CAA could not be interpreted to give EPA the authority to scrutinize the reasonableness of a state agency's BACT determination. ... The practical impact of the Court's fusion of deference principles may be the application of sweeping deference to any federal agency interpretation which is well reasoned and sufficiently convincing. ... Could the EPA be equally effective challenging arbitrary or unreasonable agency action in state courts? Are state courts qualified to act as impartial decision makers or would they be swayed by economic and political interests particular to their jurisdiction? Does allowing federal agency preemption violate notions of state sovereignty and rebut the presumption that state agencies act in good faith when enforcing federal regulations? The answer to those questions is likely to rest in future case law as the Court is presented with the opportunity to clarify the broader legal consequences of its Alaska holding. ...  
  • Idioma: Inglês

Buscando em bases de dados remotas. Favor aguardar.