Administrative law - nondelegation doctrine - D.C. Circuit holds that EPA construction of Clean Air Act violates nondelegation doctrine - American Trucking Ass'ns, Inc. v. EPA
The author criticizes the U.S. D.C. Circuit Court of Appeals for its holding limiting the delegation of legislative authority. The author believes the decision is impractical and the court disregarded Supreme Court precedent interpreting the nondelegation doctrine which is a constitutional doctrine largely unenforced in order to allow administrative agencies the discretion to enforce legislative mandates.
Publication Name: Harvard Law Review
Does application of the APA's "committed to agency discretion" exception violate the nondelegation doctrine?
The contradiction embodied and the nondelegation doctrine and the "committed to agency discretion" exception to judicial review are discussed. Courts should not enforce the latter because it violates the nondelegation doctrine, permits Congress to abdicate its legislative authority, and shields the action of agencies from judicial review.
Publication Name: Boston College Environmental Affairs Law Review
The unintelligible standard: rethinking the mandate of the FTC from a nondelegation perspective
The author examines the debate over delegation of legislative power to the FTC and argues that the degree of delegation should be determined by specific contexts.
Publication Name: New York University Annual Survey of American Law
- Abstracts: Fair housing - First Circuit holds that equal access policy does not violate equal protection principles. - Raso v. Lago
- Abstracts: JAGs change with military; yet civilians say 'third' criminal justice system needs serious reforms. Execution ban deemed moot; Illinois prosecutors contend reforms are already in the works