News

The Powell Memorandum – http://law2.wlu.edu/powellarchives/page.asp?pageid=1251

While this is from 1971, it is in the news because of the beginnings of the Gorsuch hearings. Two months before being nominated to the court, Lewis Powell wrote this confidential memo on how the right could capture the courts and public opinion.

Assignment

Massachusetts v. E.P.A., 127 S.Ct. 1438 (2007) – the global warming case. Read paragraphs 23-85. This is the standing material referred to in the text. We are going to look carefully at this case and climate change as the critical regulatory dilemma of our time. We will read more of the case when we are reading Chapter 7.

Chapter 6 – Read to II. EXCEPTIONS TO JUDICIAL REVIEW UNDER THE APA, p. 236

Resources

Study Guide: Mass v EPA – Standing

Slides: Mass v EPA – Standing

Study Guide: Standing – Part- II

Lexmark International, Inc. v. Static Control Components, Inc., 134 S. Ct. 1377 (2014) – for reference