Detail and Delegation: A Study in Statutory Specificity

98 Pages Posted: 21 Jun 2012

Date Written: June 21, 1989

Abstract

Congress included much detail in the Clean Air Act Amendments of 1977 in order to curb administrative discretion. Taking the Clean Air Act, Prevention of Significant Deterioration provisions as an example, I show how often detailed provisions failed to work in practice, or in actuality delegated power to the agency. I suggest that Congress might wish to consider trying not to micro-manage in environmental and other statutes.

Keywords: Clean Air Act, Prevention of Significant Deterioration, Regulatory Policy, Legislation, Delegation

JEL Classification: K23, K32

Suggested Citation

Oren, Craig N., Detail and Delegation: A Study in Statutory Specificity (June 21, 1989). 15 Columbia Journal of Environmental Law 143 (1990), Available at SSRN: https://ssrn.com/abstract=2088916

Craig N. Oren (Contact Author)

Rutgers Law School ( email )

Newark, NJ
United States

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