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- Title
Filling the Gap: The Retroactive Effect of Vacating Agency Regulations.
- Authors
Conrad, Daniel H.
- Abstract
The article focuses on retroactive effect of vacaturs in the U.S. and discusses the controversial case of under construction Cliffside power plant in North Carolina which touches issues like public health, the environment and global warming that hinges on the retroactive effect of the vacatur of agency actions. It examines examine several aspects of both environmental regulations and administrative law in the U.S. to dissect the effect of vacatur on administrative regulations. It analyzes remedies available to the court, other than vacatur, to vacate a regulation and reflects on the case New Jersey v. EPA that vacated the Clean Air Mercury Rule which regulated the mercury emissions from coal-fired power plants.
- Subjects
NEW Jersey; UNITED States; VACATUR (Law); RETROACTIVE judicial decisions; POWER plant design &; construction; GLOBAL warming; ENVIRONMENTAL regulations; AIR pollution laws
- Publication
Pace Environmental Law Review, 2011, Vol 29, Issue 1, p1
- ISSN
0738-6206
- Publication type
Article