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Will Separation Of Powers Challenges Take Care Of Environmental Citizen Suits Article Ii Injury In Fact Private Enforcers And Lessons From Qui Tam Litigation
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Book Synopsis Will Separation of Powers Challenges 'Take Care' of Environmental Citizen Suits? Article II, Injury-in-Fact, Private 'Enforcers,' and Lessons from Qui Tam Litigation by : Robin Kundis Craig
Download or read book Will Separation of Powers Challenges 'Take Care' of Environmental Citizen Suits? Article II, Injury-in-Fact, Private 'Enforcers,' and Lessons from Qui Tam Litigation written by Robin Kundis Craig and published by . This book was released on 2013 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: What lt;igt;arelt;/igt; environmental citizen suits? This question has deep constitutional implications when the focus turns to the relationship between citizen suit plaintiffs and the federal Executive. Such resonances are especially acute because the federal courts have traditionally viewed citizen suits as a type of enforcement action, supplementing state and federal environmental enforcement efforts.Four Justices of the U.S. Supreme Court have suggested that environmental citizen suits may violate separation of powers principles on Article II grounds. Specifically, so the argument goes, in creating citizen suits Congress has impermissibly interfered with the President's constitutional duty to quot;take Care that the Laws be faithfully executed.quot;This Article explores the legitimacy of that Article II concern by evaluating citizen suits through the lens of federal lt;igt;qui tamlt;/igt; provisions. It concludes that, given the Supreme Court's imposition of an Article III standing requirement on environmental citizen suits, such suits look more like private actions than public actions and hence should survive Article II scrutiny.
Book Synopsis Environmental Citizen Suits at Thirtysomething by :
Download or read book Environmental Citizen Suits at Thirtysomething written by and published by . This book was released on 2003 with total page 658 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Rules of Federalism by : R. Daniel. KELEMEN
Download or read book The Rules of Federalism written by R. Daniel. KELEMEN and published by Harvard University Press. This book was released on 2009-06-30 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines patterns of environmental regulation in the European Union and four federal polities--the United States, Germany, Australia, and Canada. Daniel Kelemen develops a theory of regulatory federalism based on his comparative study, arguing that the greater the fragmentation of power at the federal level, the less discretion is allotted to component states. Kelemen's analysis offers a novel perspective on the EU and demonstrates that the EU already acts as a federal polity in the regulatory arena. In The Rules of Federalism, Kelemen shows that both the structure of the EU's institutions and the control these institutions exert over member states closely resemble the American federal system, with its separation of powers, large number of veto points, and highly detailed, judicially enforceable legislation. In the EU, as in the United States, a high degree of fragmentation in the central government yields a low degree of discretion for member states when it comes to implementing regulatory statutes. Table of Contents: Acknowledgments 1. Regulatory Federalism and the EU 2. Environmental Regulation in the EU 3. Environmental Regulation in the United States 4. Environmental Regulation in Germany 5. Environmental Regulation in Australia and Canada 6. Food and Drug Safety Regulation in the EU 7. Institutional Structure and Regulatory Style Notes References Cases Cited Index R. Daniel Kelemen's The Rules of Federalism is an important contribution to both the literature on federalism and on the European Union. It makes an original theoretical and empirical contribution to our understanding of regulatory federalism and sheds new light on the federal systems which it compares. It will open up new avenues of inquiry. --Alberta Sbragia, University of Pittsburgh The Rules of Federalism makes a significant contribution to the literature on regulatory federalism. Keleman's original theoretical perspective is made plausible through a series of fascinating case studies. The book will be of interest to scholars of federalism, constitutional design, environmental policy, and the European Union. --Susan Rose-Ackerman, Yale Law School
Book Synopsis Separation of Powers Law by : Peter M. Shane
Download or read book Separation of Powers Law written by Peter M. Shane and published by Springer. This book was released on 2005 with total page 1210 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Ecology and Environmental Ethics by : Robert Jay Goldstein
Download or read book Ecology and Environmental Ethics written by Robert Jay Goldstein and published by Routledge. This book was released on 2021-07-09 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published in 2004. Examining the successes and failures of three decades of environmental law, this absorbing book reconsiders some of the policies devised to remedy centuries of abuse of the planet. It acknowledges the advances made using technological standards to effect pollution control as well as rudimentary systems that regulate use of land at the local level. However, as the author observes, these systems have limitations in solving vexing problems such as sprawl and non-point source pollution, as the cost of their use can easily outweigh the benefits. He suggests a system, termed 'Green Wood in the Bundle of Sticks', that provides the necessary theoretical and historical bases to bridge the gap between the potentials of each system. Using objective criteria based on science, this system is tied to a land ownership system that also takes into account societal concerns at a broader level.
Book Synopsis Creating the Administrative Constitution by : Jerry L. Mashaw
Download or read book Creating the Administrative Constitution written by Jerry L. Mashaw and published by Yale University Press. This book was released on 2012-06-26 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking book is the first to look at administration and administrative law in the earliest days of the American republic. Contrary to conventional understandings, Mashaw demonstrates that from the very beginning Congress delegated vast discretion to administrative officials and armed them with extrajudicial adjudicatory, rulemaking, and enforcement authority. The legislative and administrative practices of the U.S. Constitution’s first century created an administrative constitution hardly hinted at in its formal text. Beyond describing a history that has previously gone largely unexamined, this book, in the author’s words, will "demonstrate that there has been no precipitous fall from a historical position of separation-of-powers grace to a position of compromise; there is not a new administrative constitution whose legitimacy should be understood as not only contestable but deeply problematic."
Book Synopsis Journal of Environmental Law and Litigation by :
Download or read book Journal of Environmental Law and Litigation written by and published by . This book was released on 2012 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Widener Law Review written by and published by . This book was released on 2003 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book St. Thomas Law Review written by and published by . This book was released on 2002 with total page 960 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Environmental Law Reporter written by and published by . This book was released on 2002 with total page 1360 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Environmental Law written by and published by . This book was released on 2010 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Hart and Wechsler's The Federal Courts and the Federal System by : Richard H. Fallon
Download or read book Hart and Wechsler's The Federal Courts and the Federal System written by Richard H. Fallon and published by West Publishing Company. This book was released on 1996 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: For over four decades, The Federal Courts & the Federal System has been the classic casebook in the field of federal jurisdiction. The Fourth Edition seeks to: * Preserve the historical depth & breadth of inquiry, as well as the level of sophistication, which marked earlier editions * Be both an effective teaching tool for an important & difficult subject & a reference tool & source of ideas contributing to the growth of the law * Participate in debates within the field & link them to important general currents in legal scholarship.
Book Synopsis Cases and Materials on Environmental Law by : Daniel A. Farber
Download or read book Cases and Materials on Environmental Law written by Daniel A. Farber and published by West Academic Publishing. This book was released on 2010 with total page 1100 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Eighth Edition provides up-to-date treatment of climate change issues. This classic casebook provides students with a thorough understanding of all major federal environmental regulatory schemes as well as insight into current policy controversies. Particular attention is given to the proper role of cost-benefit analysis, the appropriate judicial role in reviewing agency decisions, and the impact of constitutional decisions relating to federalism, standing, and takings. It also covers the latest Supreme Court cases on subjects from Superfund to water pollution, as well as the major regulatory changes in the first year of the Obama Administration.
Book Synopsis Environmental Protection by : Robert L. Glicksman
Download or read book Environmental Protection written by Robert L. Glicksman and published by Aspen Publishers. This book was released on 2007 with total page 1234 pages. Available in PDF, EPUB and Kindle. Book excerpt: The distinguished author team of Environmental Protection: Law and Policy, Fifth Edition, which now includes Professor William Buzbee of the Emory University School of Law, continues to explore fundamental issues of environmental law, from history
Download or read book Michigan Law Review written by and published by . This book was released on 2004-02 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Federal Courts written by Larry W. Yackle and published by . This book was released on 2003 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Symposium written by and published by . This book was released on 2008 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt:
