California Communities Against Toxics v. Environmental Protection Agency

“Because they share a progenitor, a reliable approach to understanding a James Baldwin novel is to compare it, according to a set of criteria, to another work in his oeuvre. Indeed, a thematic reading of Giovanni’s Room is sure to inform such a reading of The Fire Next Time, and vice versa. Not so, however, with respect to the broad set of phenomena we categorize as agency action.” So writes Judge Wilkins of the D.C. Circuit, ruminating on the difficulties of adjudicating admin law in a case where the court’s jurisdiction hinges on the finality of a challenged agency action.

Tags: 2019, Administrative Law, D.C. Circuit, Judge Wilkins

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