PADP 6490 Study Guide - Midterm Guide: Abbott Laboratories, Overton Park, Rulemaking

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Congress (&, later, of the president) when challenged in court. Judicial fact-finding: citizens to preserve overton park v. volpe (1971) need for administrative record. Court applied the "arbitrary and capricious" review to rule-making: massachusetts v. environmental protection agency (2007) Court ruled that a federal agency does not have the discretion to cite policy preferences as a reason for refusing to regulate certain issues under its purview: united states v. scrap (1973) Relaxed view of causal nexus in standing may reflect a special judicial receptivity to environmental litigation. Court held that environmental advocates could raise a statutory claim that, according to three dissenters, was based on injuries that were too remote, speculative, and insubstantial to confer standing. Injury in fact test: sierra club v. morton (1972) This case limited the standing to sue prevented many environmental activists from bringing forth lawsuits: lujan v. defenders of wildlife (1992) irreducible constitutional minimum of standing. For sufficient standing, plaintiff must meet three elements.

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