Current trends in judicial review of environmental agency action

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Date: Spring 1997
From: Environmental Law(Vol. 27, Issue 1)
Publisher: Lewis & Clark Northwestern School of Law
Document Type: Article
Length: 8,583 words

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Abstract :

Judge O'Scannlain examines current trends in judicial review of agency interpretations of environmental statutes under the Chevron doctrine. He justifies Chevron deference ultimately as a junction of whether Congress intends a particular result or means to leave resolution of the subject to the agency. From this theoretical justification, he explains how a judge's approach to statutory interpretation can drive whether deference is owed. A sample of Supreme Court and Ninth Circuit cases illustrates the deference dichotomy between textualists and intentionalists in the environmental arena. Judge O'Scannlain encourages the environmental bar to monitor not just specific interpretations of environmental statutes but each court's approach to statutory interpretation and faithfulness to the Chevron paradigm.

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Gale Document Number: GALE|A19449606