"It's not my job to care": understanding Justice Scalia's method of statutory interpretation through Sweet Home and Chevron
Article Abstract:
Justice Antonin Scalia believes that judges are ill-suited to decide the societal or environmental good and that judges who let their environmentalism interfere with objective statutory interpretation intrude improperly on the other two governmental branches. To Justice Scalia, the majority's opinion in Sweet Home is an example of such an intrusion. The theme of the Sweet Home ruling was the proper reading of the Endangered Species Act. The majority opinion advocated deferring to the Fish and Wildlife Service reading of the law, the law itself being ambiguous. Scalia found the law very clear and did not think such deferral was necessary.
Publication Name: Boston College Environmental Affairs Law Review
Subject: Law
ISSN: 0190-7034
Year: 1997
User Contributions:
Comment about this article or add new information about this topic:
Steamrolling Section 7(d) of the Endangered Species Act: how sunk costs undermine environmental regulation
Article Abstract:
Both public and private developers use sunk costs to get around environmental laws despite their prohibition in Section 7(d) of the Endangered Species Act of 1973. Court decisions on the tactic show an unwillingness to realize its effect in subverting environmental protection. The courts must become stricter enforcers of environmental policy at a time when public opinion is being silenced by the voice of private industry.
Publication Name: Boston College Environmental Affairs Law Review
Subject: Law
ISSN: 0190-7034
Year: 1996
User Contributions:
Comment about this article or add new information about this topic:
Statutory redundancy: why Congress should overhaul the Endangered Species Act to exclude critical habitat designation
Article Abstract:
The Endangered Species Act protects species listed as endangered. It also required federal agencies to ensure that they do not harm any "critical habitats." These two principles are redundant and the "critical habitat" requirement should be removed from the Act.
Publication Name: Boston College Environmental Affairs Law Review
Subject: Law
ISSN: 0190-7034
Year: 2003
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Metademocracy: the changing structure of legitimacy in statutory interpretation. Why Learned Hand would never consult legislative history today
- Abstracts: Predicting unethical behavior: a comparison of the theory of reasoned action and the theory of planned behavior
- Abstracts: New spy act to boost white-collar defense biz: enhanced enforcement of trade secret theft expected. Prior-invention rights: the excluded middle
- Abstracts: Barnes v Addy: the requirements of knowledge. Corporate benefit in relation to guarantees and third party mortgages
- Abstracts: Punching the clock is not so simple;an old statute holds new perils for employers, as workers increasingly sue, alleging wage and hour violations