TITLE

The Evolution of the Legal Process School's "Institutional Competence" Theme: Unintended Consequences for Environmental Law

AUTHOR(S)
Rudd, Jeffrey
PUB. DATE
November 2006
SOURCE
Ecology Law Quarterly;2006, Vol. 33 Issue 4, p1045
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The legal process school's "institutional competence" idea produced administrative standards of technical expertise and political independence that evolved to undermine Environmental Era visions of a fundamental normative shift in the exercise of political authority over public policy. Supreme Court decisions in Overton Park. Vermont Yankee and Baltimore Gas expanded agencies' authority over the role of science in environmental law to the detriment of normative concerns. The Chadha-Chevron duo produced a substantial, unintended shift in the institutional competence theme's development in law by insulating agencies' legislative power from meaningful deliberative adjustment. Legal process themes of efficiency and rational order combined with agencies' broad authority to support the integration of economics into the environmental regulatory system's institutional structure. The institutional competence theme's substantive and structural foundations--efficiency, expertise, and independence--evolved to support the institutional conversion of environmental law into a regulatory architecture dominated by economic discourse.
ACCESSION #
24222267

 

Related Articles

  • Foster teamwork and reward employees `on-the-spot'. Swanekamp, Robert // Power;Jan96, Vol. 140 Issue 1, p32 

    Reports on the implementation of an on-the-spot award program for employees at Vermont Yankee Nuclear Power Corp. Recognition and rewarding of individual achievements of in-house and contract employees; Good deeds rewarded by Vermont Yankee management; Prizes at stake for deserving employees.

  • Vermont's nuclear bidding war over.  // Power Economics;Sep2001, Vol. 5 Issue 8, p13 

    Reports on the agreement of the Energy to purchase the Vermont Yankee nuclear station from New England utilities. Rejection of rival bids by the vermont Public Service Board; Investment of Exelon in the United States on nuclear technology; Plan of Cameco to acquire US reactors.

  • Vermont electric co-op looks to landfill for methane recovery. Thompson, Steve // Rural Cooperatives;Jan/Feb2002, Vol. 69 Issue 1, p4 

    Focuses on the installation of landfill methane envisioned by the Vermont Yankee Nuclear Power Corp. in Vermont. Specifications of the landfill gas installations; Environmental concerns of the cooperative; Advantages on the installation of the technology.

  • Entergy says nuclear power will generate new business. Brannon, Keith // New Orleans CityBusiness (1994 to 2008);8/20/2001, Vol. 22 Issue 8 

    Reports the plan of Entergy Corporation to acquire Vermont Yankee nuclear power plant in Vernon, Vermont. Estimation of Vermont's market price; Retention of the plant's employees; Agreement between both company to renegotiate agreed price.

  • Entergy buys Yankee.  // Modern Power Systems;Aug2002, Vol. 22 Issue 8, p13 

    Reports the purchase of the nuclear power plant from the Vermont Yankee Power Corp. by Entergy in the U.S.

  • THE U.S. SUPREME COURT'S ADMINISTRATIVE PERFORMANCE: PROBLEMS AT THE TOP? Hays, Steven W. // Public Administration Quarterly;Winter99, Vol. 22 Issue 4, p442 

    This article examines how the U.S. Supreme Court attempted to meet the demands of its changing environment. Drawing on both organizational theory and public law literature, the Court's performance is assessed in fulfilling its formidable role within the governmental system. The analysis focuses...

  • THE INFLUENCE OF AMICUS CURIAE BRIEFS ON THE SUPREME COURT. Kearney[a], Joseph D.; Merrill[b], Thomas W. // University of Pennsylvania Law Review;Jan2000, Vol. 148 Issue 3, p743 

    Examines the impact of amicus curiae briefs on the decision-making process of United States Supreme Court. Traces of the amicus curiae activity over the last 50 years; Emergence of the open door policy of the Court towards amicus filings in 1950; Models of judicial behavior that underlie...

  • Baltimore sets pace in minority business arena.  // Diversity Suppliers & Business Magazine;Fall97, Vol. 5 Issue 2, p29 

    Provides information about Baltimore Gas and Electric Co. (BGE). Contributions of BGE on the economic development of Baltimore's minority business community; Information about the company's Procurement Opportunity Program; Award received by BGE.

  • Corrosion Control Database Provides Savings To Utility. Monroe Jr., Reagan // Pipeline & Gas Journal;Oct99, Vol. 226 Issue 10, p86 

    Reports on the decision by Baltimore Gas and Electric Company (BGE) to implement the Bass-Trigon Collaborative Product Definition Management (CPDM) Corrosion Control Database. Problems faced by the system; Benefits of using CPDM database; Advantages of routing feature in the CPDM database;...

Share

Read the Article

Courtesy of VIRGINIA BEACH PUBLIC LIBRARY AND SYSTEM

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics