San Diego Law Review

Library of Congress Authority File


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This Comment questions the Environmental Protection Agency's enactment of regulations that exempt all Resource Conservation and Recovery Act permits from the Environmental Impact Statement provisions of the National Environmental Policy Act. The author examines administrative law and the legislative history and text of both NEPA and RCRA to determine whether the EPA, in enacting these regulations, exceeded the scope of its statutory authority. The author then addresses the public policy considerations against condoning such regulatory overreaching if the EPA indeed exceeded RCRA's scope. The author also discusses the constitutional implications of an administrative agency regulation that categorically defeats congressional mandates. The author concludes that Congress should clearly define the RCRA permit requirements and abrogate the agency's regulations.

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