Major industrial development projects often have significant environmental effects and require permit approvals and preparation of environmental reviews by agencies under legislation such as the National Environmental Policy Act (NEPA) and the Clean Air Act. Although governmental permitting and review processes—...
Clean Air Act (CAA) (Recommendations)
- Recommendation number: 76-4
- Adopted on: December 10, 1976
- Tags: Clean Air Act (CAA), Congress, Federal Water Pollution Control Act (Clean Water Act), Judicial Review, Venue
The Congress has enacted provisions for judicial review in the Clean Air Act and the Federal Water Pollution Control Act (FWPCA) that are in some respects inconsistent, incomplete, ambiguous, and unsound.
Courts have sometimes felt constrained to stretch these statutes to achieve sensible results. ln other instances, courts seem to have ignored...
The Federal Government owns or operates over 20,000 facilities, ranging from huge military establishments, national parks, and systems of prisons and veterans’ hospitals to individual fish hatcheries, Coast Guard stations and research laboratories. All of these facilities are required by federal law to comply with environmental quality standards established by national,...
Recommendation 2013-6, “Remand Without Vacatur,” examines the judicial remedy of remand without vacatur on review of agency actions and equitable factors that may justify its application. The recommendation offers guidance for courts that remand agency actions and for agencies responding to judicial remands.