Judicial review of agency actions in a period of diminishing agency resources

Article Abstract:

Administrative judges should realize the importance of their role in overseeing agency conduct while budget constraints decrease agencies' resources. Judicial decisionmaking can have an important affect on budget debates. Doctrinal contexts regarding agency decisions performances, for example, allow judges to respond to diminishing agency resources.

Management, Powers and duties, Administrative agencies, Government agencies, Examiners (Administrative procedure), Administrative law judges

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The inherent limits on judicial control of agency discretion: the D.C. Circuit and the nondelegation doctrine

Article Abstract:

The author criticizes the application of the nondelegation doctrine by the U.S. District of Columbia Court of Appeal in American Trucking Ass'ns v. EPA. The court found that the EPA's interpretation and application of the Clean Air Act was unconstitutional.

Analysis, Administrative discretion, Judicial review of administrative acts

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Distinguishing legislative rules from interpretative rules

Article Abstract:

The author discusses the criteria established in 1993 by the District of Columbia Circuit Court of Appeals for distinguishing legislative rules from interpretive rules. Judicial opinions clarifying these criteria are covered.

Interpretation and construction, Delegated legislation

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