Admin Law Critical to Understanding Modern American Law

The rise of administrative law has shaped much of the modern American legal culture. Environmental law, with its dependence on executive policies for such agencies as the Environmental Protection Agency, is just one of the critical subject areas dominated by administrative law. A pending case, Massachusetts v. Environmental Protection Agency, asks whether the Bush administrations opposition to programs designed to limit greenhouse gases is sufficient for the EPA to decline to enforce aspects of the Clean Air Act dealing with automobile emissions. A review of the case details the issues and also offers a model of how to brief a case. If the Court finds that the EPA has the authority to decline to enforce the Clean Air Act, it will probably continue the legal tradition of deference to agency decisions. This tradition is sometimes known as Chevron deference, from a famous admin and environmental law case, Chevron USA Inc. v. National Resources Defense Council. The Chevron case is essential to understanding modern American law and the pending case illustrates the continuing impact of Chevron.