"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.

Analysis, Judges, Beliefs, opinions and attitudes, Judicial review, Scalia, Antonin

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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.

Environmental policy

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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.

Administration of Conservation Programs, Endangered Species, Evaluation, Habitat (Ecology), Powers and duties, Habitats, Administrative agencies, Government agencies, Environmental law

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