About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1978 Sup. Ct. Rev. 345 (1978)
Vermont Yankee: The APA, the D.C. Circuit, and the Supreme Court

handle is hein.journals/suprev1978 and id is 347 raw text is: ANTONIN SCALIA VERMONT YANKEE: THE APA, THE D.C. CIRCUIT, AND THE SUPREME COURT Vermont Yankee Nuclear Power Corp. v. Natural Resources De- fense Council' produced what, in an era of judicial activism, is a remarkably self-denying opinion, abjuring judicial responsibility for the development of federal administrative procedure except in the relatively narrow area where requirements are imposed by the Due Process Clause. Whether the abjuration is real rather than apparent, and whether realistically it can be followed, are issues of major im- portance in administrative law. From a broader perspective, the case brings into question the ability of the Supreme Court to establish coherent principles of law in an area which has been largely the province of the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit). More precisely, it brings into question the willingness of the D.C. Circuit to be guided by the Supreme Court. Finally, the case suggests both the need for a major revision of the Administrative Procedure Act and the impossibility of any successful revision so long as current assumptions about the purposes of such legislation are retained. That is to say, it suggests Antonin Scalia is Professor of Law, The University of Chicago. 1435 U.S. 519 (1978). The same opinion also disposed of Consumers Power Co. v. Aesrhliman. Those portions concerned with the Consumers Power case will be addressed only briefly. See text infra, at notes 121-25. © 1979 by The University of Chicago. 0-226-46431-8/79/1978-000904.80

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most