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Archive for January, 2010

Recall our class discussion of the Congressional Review Act as a response to the Supreme Court’s decision in INS v. Chadha.  Last week, several Senate Republicans and a few conservative Democrats threatened to invoke the CRA against a forthcoming EPA rule regulating carbon dioxide and other air pollutants.  Later this semester, we’ll read the Supreme Court’s “landmark 2007 ruling” mentioned in the New York Times article (Massachusetts v. EPA).  Is this an appropriate use of the CRA?  Who is likely to win this showdown between the legislative and executive branches? (Thanks to Tate Hemingson for the link).

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Recall our brief discussion of President Bush’s Executive Order 13422, and the corresponding New York Times article, Bush Directive Increases Sway on Regulation.  A few days after he was inaugurated, President Obama issued Executive Order 13497, which in one fell swoop revoked two prior Executive Orders that beefed up regulatory review (the 2002 EO from President Bush, and a 1993 EO from President Clinton).  But, President Obama didn’t simply revoke these policies; he ordered the OMB to reevaluate how it reviews agency regulations and identify the best way to do it.  The OMB then requested public comments, and as you can see, received a lot of them.

What do you think about the back-and-forth between administrations?  How much immediate oversight should the President and OMB exercise over agency regulations?

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First Class Assignment

Welcome to Administrative Law.  For Thursday’s class, please read pp. 1-12 and 703-12 of ASIMOW & LEVIN, STATE AND FEDERAL ADMINISTRATIVE LAW (3d ed. 2009).  Please also read this article to prepare for our discussion of the problem on p. 12:  New York Times, Useful Mutants Bred with Radiation.  Note that pp. 703-12 are the first few sections of the federal Administrative Procedure Act (APA), the procedural statute that governs federal agencies.  We’ll refer to the APA throughout the course, and we’ll read the second half excerpted in the book for next Tuesday.  Try to get a sense for the types of procedures that agencies can handle.

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