ENVI 230 Lecture Notes - Lecture 15: Clearcutting, Ripeness
26 Mar 2017
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Supreme court rules on the procedure used to define harm": did the secretary of the. No (6-3): congress granted bureaucratic discretion under esa for secretary to decide scientific details. Therefore, defer to a reasonable technical and/or scientific opinion. Babbitt is the unambiguous case, chevron was the ambiguous case. Required nonattainment states to issue permits on new sources of pollutant emissions. Carter administration interprets as per-emitting device (smoke stack) Reagan administration interprets as per-facility, so long as aggregate emissions dont increase: bubble rule. If congress explicitly defines the range of agency, then that is the standard. If congress is silent or ambiguous , standard is whether agency"s decision is within the context of the statute. Defer to agency discretion (grant chevron deference) Notice: also wide deference to presidential action. So long as presidential action is not arbitrary and capricious- so long as action is not prohibited by law or is capricious by standards.
