This recommendation focuses on the increasing risk to federal executive branch officials of civil liability for monetary damages for alleged violations of federal constitutional rights. This vulnerability has expanded dramatically in recent years, as a result of judicially-discovered rights enunciated in Bivens v. Six...
- 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...
A person adversely affected by an agency rule may ordinarily obtain judicial review of that rule either by instituting a direct review proceeding against the agency in an appropriate court (pre-enforcement review)1 or by asserting the invalidity of the rule as a defense...