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Delegation and Time
No full textMost concerns about delegation are put in terms of the handover of legislative power to federal agencies and the magnitude of the legislative policy decisions made by such agencies. Likewise, most reform proposals, such as the Congressional Review Act and the proposed REINS Act, address these gap-filling, democratic deficit concerns. The same is true of the judicially created nondelegation canons, such as the major questions doctrine and other clear statement rules. This Article addresses a different, underexplored dimension of the delegation problem: the temporal complications of congressional delegation. In other words, broad congressional delegations of authority at one time period become a source of authority for agencies to take action at a later time that was wholly unanticipated by the enacting Congress or could no longer receive legislative support. This problem has taken on added significance in the current era of congressional inaction.
To address this distinct temporal problem of delegation, we suggest that Congress revive the practice of regular reauthorization of statutes that govern federal regulatory action. In some circumstances, this will require Congress to add reauthorization incentives, such as sun-setting provisions. In other regulatory contexts, Congress may well decide that the costs of mandatory reauthorization outweigh the benefits. Nevertheless, we argue that Congress should more regularly use this longstanding legislative tool to mitigate the democratic deficits that accompany broad delegations of lawmaking authority to federal agencies and spur more regular legislative engagement with federal regulatory policy. A return to reauthorization would also strengthen the partnership between Congress and the administrative state as well as mitigate some of the major concerns that have been raised in recent years regarding Chevron deference
Blatantly Biased: Expanding Pena-Rodriguez to Cases of Bias Against Sexual Orientation, Religion, and Sex
Get PDFDiving to New Depths: How Green Energy Markets Can Push Mining Companies Into the Deep Sea, and Why Nations Must Balance Mineral Exploitation with Marine Conservation
Get PDFACE in the Hole: The EPA\u27s Proposed Affordable Clean Energy Rule; Have Your Coal and Burn It Too
Get PDFVerified Amended Complaint by Next Friend James Dwyer Against Defendants Norfolk Department of Human Services (NDHS)
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Building Towards a Resilient Virginia: Using C-PACE Financing to Improve the Resiliency of Commercial Buildings
Get PDFWhen discussing how to combat problems caused by climate change and rising sea levels, the focus is often on developing and using alternative sources of clean energy. However, while slowing climate change is a worthy goal, it is too late to prevent climate change impacts in many areas in Virginia. Vulnerable flood zones all over the state are already being inundated with periodic flooding. This flooding causes extensive damage to commercial structures in the area. For example, it is estimated that Hurricane Florence alone caused between 1 billion in flood damage in Virginia. Commercial property owners can mitigate the damage caused by flooding by building structures or modifying existing structures to better withstand flooding and more effectively manage storm water. However, building or modifying a structure to be flood resilient is often too costly of an endeavor for many commercial property owners to undertake without some sort of assistance. In 2019, Virginia’s state code regarding C-PACE (Commercial Property Assessed Clean Energy) financing programs, was amended to allow for resilience measures, including flood mitigation and storm water management, to qualify for funding, offering a solution to this problem. This paper provides a brief overview of C-PACE program development in Virginia, a survey of some resiliency measures that can be used to mitigate commercial property damage caused by flooding, an example of resiliency measures in action, and recommendations for further promotion of C-PACE financing in Virginia.
This abstract has been taken from the authors\u27 introduction
Improving Community Safety Means Addressing Police Violence as a Public Health Problem
Get PDFJURIST Guest Columnists from the Educational Fund to Stop Gun Violence Kami Chavis, a law professor at Wake Forest University, and Josh Horwitz, the Fund\u27s executive director, discuss ways to address systemic police violence against people of color
