24 Hous. L. Rev. 97 (1987)
Responsibilities of Regulatory Agencies under Environmental Laws

handle is hein.journals/hulr24 and id is 109 raw text is: PAPER
The Honorable Antonin Scalia*
The subject I have been assigned to address is Responsibili-
ties of Regulatory Agencies with regard to environmental risks
and liabilities. To the judicial mind, at least, the topic summons
forth-particularly in this era of deregulation-thoughts of courts
holding the agencies to account for the strict implementation of
environmental protections that Congress has enacted and that (ac-
cording to some) current administrators have willfully ignored. In-
deed, it calls to mind my colleague Skelly Wright's stirring pro-
logue to his opinion in the Calvert Cliffs case, the progenitor of the
long and numerous line of NEPA (National Environmental Policy
Act)1 cases:
Several recently enacted statutes attest to the commitment of the
Government to control, at long last, the destructive engine of ma-
terial progress. But it remains to be seen whether the promise
of this legislation will become a reality. Therein lies the judicial
role .... Our duty ... is to see that important legislative pur-
poses, heralded in the halls of Congress, are not lost or misdi-
rected in the vast hallways of the federal bureaucracy.2
The burden of my remarks today is that an agency's responsibili-
ties are not always that simple to discern; and that even where
* Associate Justice, United States Supreme Court. Formerly, Judge on the United
States Court of Appeals for the D.C. Circuit. A.B. 1957, Georgetown; LL.B. 1960. Harvard
Law School.
1. National Environmental Policy Act of 1969, 42 U.S.C. §§ 4321-4361 (1982) (declar-
ing a national policy to encourage productive harmony between man and his environment,
promoting efforts to prevent damage to the environment, and establishing a Council on En-
vironmental Quality).
2. Calvert Cliffs' Coordinating Comm., Inc. v. United States Atomic Energy Comm'n,
449 F.2d 1109, 1111 (D.C. Cir. 1971) (footnotes omitted).

What Is HeinOnline?

With comprehensive coverage of government documents and more than 2,400 journals from inception on hundreds of subjects such as political science, criminal justice, and human rights, HeinOnline is an affordable option for colleges and universities. Documents have the authority of print combined with the accessibility of a user-friendly and powerful database.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Already a HeinOnline Subscriber?