作者:Murphy, Richard
作者单位:Mitchell Hamline School of Law
作者:Edwards, Matthew A.
作者单位:City University of New York (CUNY) System; Baruch College (CUNY)
作者:Biber, Eric
作者单位:University of California System; University of California Berkeley
摘要:The Supreme Court's landmark decision in Massachusetts v. EPA, requiring the federal government to reconsider its refusal to regulate greenhouse gases as an air pollutant, is the most recent example of judicial review of an agency's decision not to take a regulatory action. Despite the importance of this type of judicial review, it has received little analysis by scholars, and the case law in the field is confused. Accordingly, there are serious questions about the nature and scope of judicial...