The Administrative Law of Regulatory Slop and Strategy

Judicial review of agency behavior is often criticized as either interfering too much with agencies’ domains or doing too little to ensure fidelity to statutory directives and the rule of law. But the Trump administration has produced an unprecedented volume of agency actions that blatantly flout settled administrative-law doctrine. This phenomenon, which we term “regulatory slop,” requires courts to reinforce the norms of administrative law by adhering to established doctrine and paying careful attention to remedial options. In this Article, we document numerous examples of regulatory slop and canvass how the Trump agencies have fared in court thus far. We contend that traditional critiques of judicial review carry little force in such circumstances. Further, regulatory slop should be of concern regardless of one’s political leanings because it threatens the rule of law. Rather than argue for a change to substantive administrative-law doctrine, therefore, we take a close look at courts’ remedial options in such circumstances. We conclude that a strong approach to remedies can send corrective signals to agencies that reinforce both administrative-law values and the rule of law

Convective flow during dendritic growth

A review is presented of the major experimental findings obtained from recent ground-based research conducted under the SPAR program. Measurements of dendritic growth at small supercoolings indicate that below approximately 1.5 K a transition occurs from diffusive control to convective control in succinonitrile, a model system chosen for this study. The key theoretical ideas concerning diffusive and convective heat transport during dendritic growth are discussed, and it is shown that a transition in the transport control should occur when the characteristic length for diffusion becomes larger than the characteristic length for convection. The experimental findings and the theoretical ideas discussed suggest that the Fluid Experiment System could provide appropriate experimental diagnostics for flow field visualization and quantification of the fluid dynamical effects presented here

Symbiosis in computational vision systems

AbstractWhile the goal of computational vision systems is the totally automated understanding of images, it is not necessary for this goal to be achieved before practical vision systems can be developed. In particular, systems that require some amount of human intervention can be applied to real problems with beneficial results. In “symbiotic” vision systems the computer brings something to bear on the problem that either replaces or supplements a subtask that would otherwise be done by a human expert.In symbiotic systems there is a large range of possibilities for the type and amount of interaction that the human expert must provide. This can range from minor aid to the computer system, when it reaches an ambiguity that it cannot resolve, to major control of the processing in complicated regions of the image that are of primary interest. Symbiotic vision systems must allow the user to access the system at the point in the range that is suitable. In addition, the system must have facilities to both present information and accept “advice” from the expert in a way that is natural and convenient.Two example vision systems will illustrate different ways in which these problems have been solved. The first, MISSEE, uses a cycle of perception combined with a schema-based system architecture to provide a flexible framework in which the user can select the amount of interaction he wishes to undertake. The second, which carries out the normal moveout phase of seismic data processing, has a more limited focus, but provides a natural means of communication

AN INTERNATIONAL LEGAL FRAMEWORK FOR SE4ALL: HUMAN RIGHTS AND SUSTAINABLE DEVELOPMENT LAW IMPERATIVES

Governments around the world recognize the link between human development and access to safe, secure, and affordable sources of energy. Nevertheless, many people have access to only rudimentary and inadequate energy sources, depriving them of opportunities for economic development and creating serious health risks. Even in countries in which access to energy services is adequate, the provision of those services has both health and environmental effects. In particular, the production of energy using fossil fuels generates greenhouse gases that contribute significantly to climate disruption, which is likely to create disproportionate risks to the same undeveloped nations already suffering from a lack of access to adequate energy supplies. To address these twin challenges, the United Nations Secretary General launched the Sustainable Energy for All initiative (“SE4All”) to achieve universal access to energy for all, while at the same time increasing stocks of renewable energy and improving the efficiency of energy systems to mitigate climate disruption risks. This Article places SE4All within both historical and international policy contexts. It argues that its effective implementation requires the articulation of an international legal framework that aids the transformation of SE4All’s policy actions into binding international legal commitments. It contends that an effective such framework can be derived from existing rules of international human rights law and sustainable development law. Reliance on these twin bodies of international law will increase the prospects for SE4All to achieve energy access and related goals that its predecessor initiatives have failed to accomplish

Energy Transmission Across Wild and Scenic Rivers: Balancing Increased Access to Nontraditional Power Sources with Environmental Protection Policies

Increases in the level of renewable energy production, spurred by climate change mitigation goals and regulatory programs such as state renewable energy portfolio standards, and in the level of fossil fuels extraction spurred by technological developments allowing access to previously unavailable natural gas supplies, have created a need for new energy transmission facilities. The new supplies are often located far from centers of high energy demand, requiring transportation over long distances. Some of the routes chosen for the new electric transmission lines and natural gas pipelines have already come into conflict with the environmental protections provided by the Wild and Scenic Rivers Act (WSRA). Other, similar conflicts are sure to follow. This article explores the clash between the policies that support increased production of and access to renewable energy and unconventional natural gas supplies and the preservationist impulse reflected in the WSRA. The parameters of this clash are difficult to discern, given the frustrating, obtuse, and rarely construed provisions of the Act that constrain federal assistance to and approval of energy-related facilities. This article identifies unresolved questions concerning the proper interpretation of these provisions and suggests how they should be resolved. Using the WSRA’s application to energy transmission facilities as an example of traditional conflicts between energy and environmental policies, it suggests an approach to accommodation. That approach involves avoidance, mitigation, and careful creation of exemptions from WSRA constraints that promise to serve energy policy goals and contribute to climate change mitigation, while retaining key protections for the nation’s most treasured river habitats